Exploring the Impact of ACA on TCPA Litigation in the Backdrop of the Debt Collection and Residential Mortgage Industries

October 22, 2018 11:30am

Scott D. Goldsmith
Partner
Dorsey & Whitney LLP (Costa Mesa, CA)

Kristine E. Kruger
Senior Attorney
Perkins Coie LLP (Seattle, Washington)

Charity A. Olson
Counsel
Varnum LLP (Ann Arbor, MI)

Arjun Rao
Partner
Stroock & Stroock & Lavan LLP (Los Angeles, CA)

The ACA Int’l v. FCC case provided clarity on the FCC’s TCPA Order, including definitions of autodialing, and text messaging, and also addressed antiquated provisions of the TCPA, while acknowledging modern technology. Although it may seem the case was a big win for the consumer finance industry, there are unresolved questions on how this case will specifically impact the residential mortgage industry going forward. In this session, speakers will explore the ‘ins-and-outs’ of the TCPA Order and the potential implications of the ACA case for the residential mortgage industry. Points of discussion will include:
  • Interpreting the ACA case and its potential implications for the FCC’s definition of auto-dialer, safe harbor, capacity, and other provisions of TCPA
  • Forecasting the TCPA litigation landscape in light of the ACA case
    • Interpreting jurisdictional differences/similarities and courts’ opinions on TCPA litigation
  • Identifying other compliance concerns and enforcement trends in the TCPA and residential mortgage context