PLAY RECORDING

Broadcast Date: Wednesday, February 23, 2022
from 12:00 pm to 1:30 pm (ET)

Overview:

The TCPA landscape has changed since the Supreme Court’s ruling in Facebook v. Duguid, but the risks of non-compliance with TCPA rules and regulations still pervade all industries.  Even in light of the narrowed definition of an auto-dialer, Courts are allowing auto-dialer claims to survive Motions to Dismiss, allowing for discovery before determining whether calls were made using an auto-dialer. We have seen an increase in Do-Not-Call and pre-recorded voicemail claims since Duguid, as well.  And, of course, Junk Fax Cases and Wrong Number cases still pose significant risk.  States are also crafting their own state telephone protection acts which presents additional compliance issues for those who market nationwide, and particularly in Florida.

These and other important updates underscore the need for companies to be abreast with the ever-evolving TCPA paradigm to avoid risks of violations and potential litigation.

Join a panel of key thought leaders assembled by The Knowledge Group as they provide a comprehensive analysis of the current trends and recent court rulings involving the TCPA. Speakers will also offer practical compliance strategies in this rapidly evolving TCPA landscape.

Key topics include:

  • Do Not Call Restrictions and Cases
  • Post-Facebook ATDS issues
  • Pre-Recorded Calling cases
  • Wrong number call cases
  • Junk Faxes and Unsolicited Advertising
  • Barr v. AAPC–subject matter jurisdiction
  • Statutory Damages under the TCPA/Multiple Penalties
  • TCPA and the Telemarketing Sales Rule
  • Florida’s Mini-TCPA

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite: 

General knowledge of consumer protection laws

 

Course Code:

149112

 

NY Category of CLE Credit: 

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Richik Sarkar, Partner
Dinsmore & Shohl LLP

Richik Sarkar is a courtroom advocate, boardroom strategist, and collaborative leader. Richik advises owners, executives, and boards in the retail, financial services, and industrial sectors concerning business litigation and disputes, ESG, data privacy, corporate governance, and regulatory investigations.

A litigation, data privacy, and ESG  partner at Dinsmore & Shohl. Richik’s diverse background brings a unique perspective to situations, as he quickly identifies business and vision gaps and deploys creative and pragmatic ideas and leverage to ensure success. The former Chief Privacy Officer of a private company, Richik, is a data privacy expert. He also helps lead Dinsmore’s national ESG practice and translates ESG guidance into legal and practical implications for clients.

In addition to his legal work, Richik is passionate about diverse leadership and business and economic development. He uses his experience to broaden access to economic opportunities and executive leadership by supporting innovation, reducing barriers to entry, and building strong institutions and communities. As a result of the efforts of Richik and his colleagues, Dinsmore & Shohl is recognized as “Best in Class” for Law Firm Diversity and Inclusion by the Greater Cleveland Partnership and Crain’s Cleveland Business.

In sum, Richik ensures that institutions, consumer-facing companies, and consumer-focused SaaS firms achieve their business and governance goals. He does this by capitalizing on his expertise and leveraging his network to provide bespoke commercial judgment, legal intelligence, and strategic vision to execute action plans.

Karen Hockstad, Partner
Dinsmore & Shohl LLP

Karen has more than 25 years of experience focused on commercial litigation and commercial finance. She works with publicly traded and closely held companies, banks, and call centers on consumer issues, including the Telephone Consumer Protection Act, the Junk Fax Protection Act, federal and state regulatory compliance issues, and state and local consumer and privacy issues. She is a national speaker on TCPA class action defense and has experience defending class actions nationwide. Karen has served as lead counsel in dozens of TCPA and JFPA cases across the country. In addition, she provides compliance advice and counseling to her clients ensuring that privacy policies, website terms and conditions, and contractual provisions ensure the maximum protection for her clients.

David Thomas, Shareholder
Greenberg Traurig LLP

David serves a Co-Chair of the Boston Litigation Group. He is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. Among other things, David represents (1) manufacturers and retailers facing false advertising claims arising out of alleged violations of federal and state consumer protection statutes, including the Federal Trade Commission Act and “little FTC Acts” like Massachusetts General Laws Chapter 93A – the Massachusetts Consumer Protection Act, (2) lenders, mortgage brokers and servicers facing predatory lending and unfair servicing claims arising out of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and state laws governing consumer financing and mortgage loan servicing, (3) health care and other entities accused of submitting false claims to the government or governmental payors, (4) companies accused of violating the Telephone Consumer Protection Act and similar state laws and regulations, and (5) companies and individuals accused of misappropriating or divulging confidential intellectual property, including trade secrets, customer lists, and other protected information. David also represents companies and individuals responding to civil investigative demands under various regulatory schemes, including federal and state false claims acts and related enforcement actions brought by federal and state regulatory agencies, including the United States Department of Justice, Massachusetts Office of the Attorney General, and other federal and state agencies.

Angela Bunnell, Attorney
Greenberg Traurig LLP

Angela Bunnell is a member of the Litigation Practice Group in Greenberg Traurig’s Boston office. She represents clients in a broad range of commercial litigation matters in both state and federal court from early-stage investigations and responding to demand letters through appeals. She focuses her practice on commercial litigation with an emphasis in consumer class actions, white collar criminal matters, government investigations, and diverse employment matters.

Angela also has experience with complex eDiscovery matters, and has been responsible for preservation, collection, review, and production of ESI in state and federal lawsuits. Angela has deep experience counseling clients on a variety of information governance matters, ranging from data security and cyber security through international and domestic data privacy regulations. Angela also has experience representing clients in responding to data breaches and related litigation. Before joining the firm, Angela served as a federal law clerk, providing valuable insight and understanding of the court system and litigation process.

Agenda:

SEGMENT 1:

Presentation Slides Created by:

Karen Hockstad, Partner

Dinsmore & Shohl LLP   

Presented by:

Richik SarkarPartner

Dinsmore & Shohl LLP

  • Do Not Call Restrictions and Cases
  • Post-Facebook ATDS issues
  • Pre-Recorded Calling cases

SEGMENT 2:

David ThomasShareholder

Greenberg Traurig LLP

  • Wrong number call cases
  • Junk Faxes and Unsolicited Advertising
  • Barr v. AAPC--subject matter jurisdiction

SEGMENT 3:

Angela BunnellAttorney

Greenberg Traurig LLP

  • Statutory Damages under the TCPA/Multiple Penalties
  • TCPA and the Telemarketing Sales Rule
  • Florida’s Mini-TCPA

Date & Time:

Wednesday, February 23, 2022

12:00 pm to 1:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • TCPA Lawyers
  • Privacy and Data Privacy Lawyers
  • TCPA Compliance Analysts / Managers / Officers
  • Sales and Marketing Executives/Directors
  • Chief Operating Officers
  • Compliance Managers
  • General Counsel

SPEAKERS

Richik SarkarPartner
Dinsmore & Shohl LLP
Karen HockstadPartner
Dinsmore & Shohl LLP
David ThomasShareholder
Greenberg Traurig LLP
Angela BunnellAttorney
Greenberg Traurig LLP

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