Please join Nelson Mullins partners John Heitmann, Jack Pringle, Steve Augustino, and senior associate Michael Nemcik, for a live webinar discussing the requirements of the Telephone Consumer Protection Act (“TCPA”) applicable to telephone calls and text messages made to customers and consumers, with an emphasis on the consent necessary for certain communications and revocations of this consent. Our team of seasoned telecom attorneys will also cover pending FCC proposals to modify existing TCPA rules.

Overview:

The TCPA was enacted in 1991 in an effort to address abusive practices by telemarketers using advanced technologies. Over the years, the TCPA has been interpreted to apply both to voice calls and to text messages. The TCPA requires that a caller obtain consent from the called party before making certain kinds of calls to particular types of telephone numbers.  Additionally, the TCPA provides the consumer with the right to revoke consent to be contacted. The TCPA and other federal and state laws place additional requirements and restrictions on marketing communications. The TCPA provides for damages of $500 per call for violations, and $1,500 per call if the violation is “knowing or willful.” Because TCPA claims can be pursued as part of class action litigation, effective compliance is essential for businesses.

Key Discussion Points:

• Consent required by the TCPA for various types of calls and based on the content of the call or message being conveyed.

• Providing and effectuating the TCPA’s right to revoke consent.

• The FCC’s recent proposals to amend existing TCPA rules.

• Other federal and state requirements applicable to marketing communications.

• Current TCPA litigation trends.