Responding to and Evaluating Claims Involving the Telephone Consumer Protection Act (TCPA) and Related Case Law Claims: Impact of the FCC Order Regarding Clarification on Telemarketing Rules, Factoring in Key State Legislative Activity From Different Jurisdictions, and Litigation Over Collection and Use of Online or Mobile Information
Nancy L. Perkins
Arnold & Porter LLP
Heather J. Enlow-Novitsky
Vorys, Sater, Seymour and Pease LLP
- TCPA violations; TCPA compliance; TCPA litigation ramping up as consumers receive more texting and phone messages; More companies are using text messages to reach out to consumers; Litigation is emerging
- Privacy issues related to robo dialing
- What authority does the FTC have in this type of privacy litigation?
- How are plaintiffs bringing claims?
- Direct marketing via phone
- Standing – under TCPA you can have standing without injury
- Getting rid of TCPA if you can get rid of class members
- Impact of the FCC order involving clarification on telemarketing rules, interpretation of rules, and standards; Private cause of action, lawsuits that followed after the order was issued
- FTC authority as defined under Section 5 of the FTC act or state law equivalent of the mini FTC act (unfair and deceptive practices); Standard that is vague and difficult to prove
- New issues related to settlement regarding improper release of personal information or issues in the security context