Everything Right is Wrong Again? The Future of TCPA Litigation After the FCC's July 2015 Omnibus Ruling
1 PM EDT
In mid-July 2015, the FCC released its much-anticipated Telephone Consumer Protection Act ("TCPA") declaratory ruling addressing a number of important questions about the TCPA, which had been raised by petitioners since the TCPA last was amended in 2013. Among other things, the ruling addresses (i) the definition of an automatic telephone dialing system ("autodialer") – concluding that a device meets the definition of autodialer "even if it is not presently used for that purpose” but has the future "capacity" to dial numbers on a random or sequential basis; (ii) whether and how consumers may revoke their consent to receive telemarketing calls; and (iii) the issue of calls or texts to re-assigned cell phone numbers. The FCC ruling is extremely controversial and already has prompted courts challenges. Our panel of TCPA plaintiff and defense litigators will discuss the FCC’s ruling and provide their insights into what the future of TCPA litigation might look like. They also will provide some best practices on how a company can avoid finding itself named as a defendant in a TCPA lawsuit in the first instance.
· Daniel Blynn, Venable LLP
· Christine Reilly, Manatt, Phelps & Phillips LLP
· Lauri Mazzuchetti, Kelley Drye & Warren LLP
· Abbas Kazerounian, Kazerouni Law Group APC
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