Ready to Register?

MyLawCLE All-Access Pass

Best choice

Add the All-Access Pass and get this program —
plus 1,000+ live CLE programs every year.


All specialty & ethics credits included
38 practice areas
New sections: AI & the Law, Practice Management
100s of current and trending legal topics
Nationally recognized and highly experienced presenters

$395 / year — this program included
Register with the All-Access Pass

This program + 1,000+ CLE programs, all year

Or register for just this program

Live Video Broadcast

Live webinar of this one program.
$195 Register

On-Demand Video

Recorded access + self-study credit.
$195 Register

Defending TCPA and State Mini-TCPA Text-Message Class Actions After McLaughlin

One text campaign can now spawn dual federal and state class actions. Learn to build consent records that survive summary judgment, process revocations under the FCC’s April 2025 rules, map five state mini-TCPA statutes, and deploy standing, dismissal, and class-certification defenses after McLaughlin.

2026-08-28 12:00:00

Program Details

2026-08-28 12:00:00

Program Details

2026-08-28 12:00:00

Over 1,000+ webinars

2026-08-28 12:00:00

Course Overview

The FCC guidance your texting program was built on may no longer protect you.

2026-08-28 12:00:00

The Supreme Court’s 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. ended reliance on prior FCC consent guidance. In the post-Chevron environment, district courts now split on whether text messages are ‘telephone calls’ under § 227(c)(5). The rules that governed text-message programs for years no longer bind the courts hearing these cases.

Send a marketing text without a defensible consent record, and a class action may follow. Miss a revocation under the FCC’s April 2025 opt-out rules, and exposure compounds. Florida, Oklahoma, Washington, Maryland, and Texas mini-TCPA statutes open a second front. Those state claims can survive even when the federal claims are dismissed.

Attendees leave with a concrete framework for consent capture, revocation processing, recordkeeping retention, and state-by-state compliance mapping. They also gain a practical playbook for standing challenges, the texts-are-not-telephone-calls dismissal argument, arbitration and class-certification defenses, early-exit motions, and informed settlement benchmarking.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Post-McLaughlin Deference
How the Supreme Court’s 2025 McLaughlin decision ends reliance on prior FCC consent guidance and reshapes both compliance programs and pending TCPA defense strategy.
02
Consent Record Architecture
What a consent capture record must contain — and how to document and segregate consent — to survive a class action challenge at summary judgment.
03
Revocation Rule Compliance
How the FCC’s April 2025 opt-out and revocation rules change the technical and operational infrastructure a texting program must maintain.
04
Standing And Dismissal
When Article III concrete-injury challenges and the emerging texts-are-not-telephone-calls argument under § 227(c)(5) can end a single- or multi-text case early.
05
Class Certification Defenses
Which consent-individualization, ascertainability, predominance, and arbitration defenses courts are actually sustaining, and how they inform settlement benchmarking.
06
State Mini-TCPA Exposure
How Florida, Oklahoma, Washington, Maryland, and Texas statutes impose consent and recordkeeping requirements stricter than the federal baseline and create second-front risk even after federal dismissal.

Program schedule

clock 12:00 pm - 1:00 pm EST

Defending TCPA Text Class Actions: Standing, Dismissal, and Settlement

This session covers defense-side litigation strategy for TCPA and state mini-TCPA text-message class actions following the Supreme Court’s 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. Attorneys will learn how to deploy standing challenges, the emerging texts-versus-telephone-calls dismissal argument, arbitration and class-certification defenses, and state mini-TCPA exposure analysis. Attendees will leave with a practical framework for early-exit motions, class-cert opposition, and informed settlement benchmarking.

Irina N. KashcheyevaIrina N. Kashcheyeva
Virginia Bell FlynnVirginia Bell Flynn
Chad R. FullerChad R. Fuller
clock 1:10 pm - 2:10 pm EST

Building a Defensible Text-Messaging Consent and Compliance Record

This session examines how to construct a text-messaging consent and compliance record that will withstand TCPA litigation and regulatory scrutiny in the post-McLaughlin, post-Chevron environment. Attorneys will learn how the Supreme Court’s 2025 McLaughlin decision, the growing circuit split on whether texts are statutory ‘calls,’ revised FCC revocation rules, and a patchwork of state mini-TCPA statutes collectively reshape what a defensible consent record must contain. Attendees will leave with a concrete framework for consent capture, revocation processing, recordkeeping retention, and state-by-state compliance mapping.

Irina N. KashcheyevaIrina N. Kashcheyeva
Virginia Bell FlynnVirginia Bell Flynn
Chad R. FullerChad R. Fuller
Irina N. Kashcheyeva

Irina N. Kashcheyeva

Foley & Lardner LLP

Virginia Bell Flynn

Virginia Bell Flynn

Troutman Pepper Locke LLP

Chad R. Fuller

Chad R. Fuller

Troutman Pepper Locke LLP

Irina N. Kashcheyeva

Irina N. Kashcheyeva

Foley & Lardner LLP

Irina N. Kashcheyeva is a partner in Foley & Lardner LLP’s Detroit office and a member of the firm’s Consumer Law, Finance and Class Action Working Group and its Business Litigation & Dispute Resolution Practice Group. A commercial litigator, she defends companies in class action and single-plaintiff cases under the TCPA, the FCRA, the FDCPA and Regulation F, UDAAP theories, the FTC Holder Rule, and a range of state consumer protection and privacy statutes, with regular work for clients in the healthcare, financial services, and automotive manufacturing sectors.

Education & Credentials

Irina earned her law degree from Michigan State University College of Law, where her scholarship appeared in the Michigan State Law Review. Before entering private practice, she served as a law clerk to two federal judges, at the district court and court of appeals levels. She is fluent in Russian.

Recognition & Leadership

Irina was elected to the Foley & Lardner partnership effective February 1, 2023, as part of a class of 23 lawyers recognized as leaders across the firm's practice groups and offices.

Professional Involvement

Irina writes frequently on consumer protection and TCPA developments. Her publications include analyses of the D.C. Circuit's decision limiting the reach of the TCPA, the vacatur of the FCC's One-to-One Consent Rule the day before it was set to take effect, standing arguments in data breach litigation, and requirements-contract law in the Michigan Business Law Journal and on Foley's Consumer Defense Counsel blog.

Experience

Irina's experience includes first-chairing arbitration hearings and court trials, preparing successful dispositive motions, opposing class certification, and handling the full range of discovery motion practice. She obtained dismissal of a putative TCPA class action against a marketing company at the pleadings stage by defeating agency and vicarious liability allegations, and she represented a Fortune 50 pharmacy in one of the largest TCPA class actions in the country, securing voluntary dismissal with prejudice on the eve of the class certification and summary judgment hearing. She has also first-chaired a lengthy arbitration for a pharmacy benefit manager in a significant breach of contract and business torts dispute.
Virginia Bell Flynn

Virginia Bell Flynn

Troutman Pepper Locke LLP

Virginia Bell Flynn is a partner in Troutman Pepper Locke’s Consumer Financial Services practice, within the Financial Services Litigation group. She represents clients in federal and state courts at both the trial and appellate levels in complex litigation and business disputes, health care litigation — including ERISA and out-of-network issues — and consumer litigation spanning more than 21 states. She has a long track record of resolving cases under the Telephone Consumer Protection Act and its state analogues, and increasingly counsels clients on compliance at the intersection of the TCPA and HIPAA.

Education & Credentials

Virginia received her J.D. from Washington and Lee University School of Law and her B.A. from The College of Charleston. Before joining the firm, she served as a judicial law clerk to the Honorable R. Terrence Ney of the 19th Judicial Circuit in Fairfax, Virginia.

Recognition & Leadership

Virginia has been recognized in Best Lawyers in America® for Consumer Law, Commercial Litigation, Health Care Law, and Mass Tort Litigation/Class Actions – Defendants, and she received a 2019 Law360 Rising Star award in consumer protection law, selected from more than 1,300 nominees as one of 175 attorneys under 40. She also serves as a co-leader of the Consumer Financial Services practice group's AI task force.

Professional Involvement

Virginia writes and speaks regularly on TCPA developments, co-authoring an early analysis of McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. for the American Bar Association's Consumer Litigation Newsletter and appearing on The Consumer Finance Podcast's TCPA year-in-review episodes. Her commentary has also appeared in Law360 and on the firm's Consumer Financial Services Law Monitor.

Experience

Virginia's results include summary judgment for Anthem, Inc. in a first-of-its-kind TCPA prerecorded-message putative class action in the Northern District of Ohio; dismissal with prejudice of a TCPA putative class action over informational health care text messages in the Eastern District of Louisiana; dismissal with prejudice at the pleadings stage of a putative TCPA class action for a California-based medical group; and defeat of class certification in a Rosenthal Act class action. She serves as compliance counsel on TCPA and TSR issues for national health insurers, pharmacies, banks, debt collectors, advertising and broadcasting companies, and other consumer-facing businesses.
Chad R. Fuller

Chad R. Fuller

Troutman Pepper Locke LLP

Chad R. Fuller is a partner in Troutman Pepper Locke’s San Diego office and a versatile litigator whose practice spans the managed care and financial services sectors. He defends insurers, managed care organizations, and financial services clients in single-plaintiff and multidistrict matters, and he defends clients against claims under the federal consumer protection statutes, especially the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. His systematic approach to high-stakes litigation draws on experience managing hundreds of TCPA cases.

Education & Credentials

Chad earned his J.D. from the University of San Diego School of Law and his B.A. from the University of California, San Diego. He is admitted to practice in California.

Recognition & Leadership

Chad is recognized in Best Lawyers in America® for Commercial Litigation. As one of the few attorneys in the United States who tries TCPA cases to verdict, he is go-to counsel for financial services clients facing major consumer class action litigation.

Professional Involvement

Chad writes and speaks frequently on TCPA developments. His recent co-authored work includes "Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges," an early analysis of McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. for the American Bar Association's Consumer Litigation Newsletter, and an examination of the Eleventh Circuit's reopening of the TCPA "lead generator loophole." He is a regular guest on The Consumer Finance Podcast's TCPA year-in-review episodes.

Experience

Chad serves as lead trial counsel in complex managed health care litigation involving bad faith, breach of contract, improper billing, Mental Health Parity Act, and out-of-network claims. He has defended consumer class actions alleging false advertising, product defects, and improper fees for software, telecommunications, home warranty, insurance brokerage, and auto finance companies, and he defends clients in privacy and data security litigation while advising on associated regulatory issues. His results include dismissal with prejudice at the pleadings stage of a putative TCPA class action for a California-based medical group under the FCC's emergency-purpose exception.
Irina N. Kashcheyeva

Irina N. Kashcheyeva

Foley & Lardner LLP

Irina N. Kashcheyeva is a partner in Foley & Lardner LLP’s Detroit office and a member of the firm’s Consumer Law, Finance and Class Action Working Group and its Business Litigation & Dispute Resolution Practice Group. A commercial litigator, she defends companies in class action and single-plaintiff cases under the TCPA, the FCRA, the FDCPA and Regulation F, UDAAP theories, the FTC Holder Rule, and a range of state consumer protection and privacy statutes, with regular work for clients in the healthcare, financial services, and automotive manufacturing sectors.

Education & Credentials

Irina earned her law degree from Michigan State University College of Law, where her scholarship appeared in the Michigan State Law Review. Before entering private practice, she served as a law clerk to two federal judges, at the district court and court of appeals levels. She is fluent in Russian.

Recognition & Leadership

Irina was elected to the Foley & Lardner partnership effective February 1, 2023, as part of a class of 23 lawyers recognized as leaders across the firm's practice groups and offices.

Professional Involvement

Irina writes frequently on consumer protection and TCPA developments. Her publications include analyses of the D.C. Circuit's decision limiting the reach of the TCPA, the vacatur of the FCC's One-to-One Consent Rule the day before it was set to take effect, standing arguments in data breach litigation, and requirements-contract law in the Michigan Business Law Journal and on Foley's Consumer Defense Counsel blog.

Experience

Irina's experience includes first-chairing arbitration hearings and court trials, preparing successful dispositive motions, opposing class certification, and handling the full range of discovery motion practice. She obtained dismissal of a putative TCPA class action against a marketing company at the pleadings stage by defeating agency and vicarious liability allegations, and she represented a Fortune 50 pharmacy in one of the largest TCPA class actions in the country, securing voluntary dismissal with prejudice on the eve of the class certification and summary judgment hearing. She has also first-chaired a lengthy arbitration for a pharmacy benefit manager in a significant breach of contract and business torts dispute.
Virginia Bell Flynn

Virginia Bell Flynn

Troutman Pepper Locke LLP

Virginia Bell Flynn is a partner in Troutman Pepper Locke’s Consumer Financial Services practice, within the Financial Services Litigation group. She represents clients in federal and state courts at both the trial and appellate levels in complex litigation and business disputes, health care litigation — including ERISA and out-of-network issues — and consumer litigation spanning more than 21 states. She has a long track record of resolving cases under the Telephone Consumer Protection Act and its state analogues, and increasingly counsels clients on compliance at the intersection of the TCPA and HIPAA.

Education & Credentials

Virginia received her J.D. from Washington and Lee University School of Law and her B.A. from The College of Charleston. Before joining the firm, she served as a judicial law clerk to the Honorable R. Terrence Ney of the 19th Judicial Circuit in Fairfax, Virginia.

Recognition & Leadership

Virginia has been recognized in Best Lawyers in America® for Consumer Law, Commercial Litigation, Health Care Law, and Mass Tort Litigation/Class Actions – Defendants, and she received a 2019 Law360 Rising Star award in consumer protection law, selected from more than 1,300 nominees as one of 175 attorneys under 40. She also serves as a co-leader of the Consumer Financial Services practice group's AI task force.

Professional Involvement

Virginia writes and speaks regularly on TCPA developments, co-authoring an early analysis of McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. for the American Bar Association's Consumer Litigation Newsletter and appearing on The Consumer Finance Podcast's TCPA year-in-review episodes. Her commentary has also appeared in Law360 and on the firm's Consumer Financial Services Law Monitor.

Experience

Virginia's results include summary judgment for Anthem, Inc. in a first-of-its-kind TCPA prerecorded-message putative class action in the Northern District of Ohio; dismissal with prejudice of a TCPA putative class action over informational health care text messages in the Eastern District of Louisiana; dismissal with prejudice at the pleadings stage of a putative TCPA class action for a California-based medical group; and defeat of class certification in a Rosenthal Act class action. She serves as compliance counsel on TCPA and TSR issues for national health insurers, pharmacies, banks, debt collectors, advertising and broadcasting companies, and other consumer-facing businesses.
Chad R. Fuller

Chad R. Fuller

Troutman Pepper Locke LLP

Chad R. Fuller is a partner in Troutman Pepper Locke’s San Diego office and a versatile litigator whose practice spans the managed care and financial services sectors. He defends insurers, managed care organizations, and financial services clients in single-plaintiff and multidistrict matters, and he defends clients against claims under the federal consumer protection statutes, especially the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. His systematic approach to high-stakes litigation draws on experience managing hundreds of TCPA cases.

Education & Credentials

Chad earned his J.D. from the University of San Diego School of Law and his B.A. from the University of California, San Diego. He is admitted to practice in California.

Recognition & Leadership

Chad is recognized in Best Lawyers in America® for Commercial Litigation. As one of the few attorneys in the United States who tries TCPA cases to verdict, he is go-to counsel for financial services clients facing major consumer class action litigation.

Professional Involvement

Chad writes and speaks frequently on TCPA developments. His recent co-authored work includes "Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges," an early analysis of McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. for the American Bar Association's Consumer Litigation Newsletter, and an examination of the Eleventh Circuit's reopening of the TCPA "lead generator loophole." He is a regular guest on The Consumer Finance Podcast's TCPA year-in-review episodes.

Experience

Chad serves as lead trial counsel in complex managed health care litigation involving bad faith, breach of contract, improper billing, Mental Health Parity Act, and out-of-network claims. He has defended consumer class actions alleging false advertising, product defects, and improper fees for software, telecommunications, home warranty, insurance brokerage, and auto finance companies, and he defends clients in privacy and data security litigation while advising on associated regulatory issues. His results include dismissal with prejudice at the pleadings stage of a putative TCPA class action for a California-based medical group under the FCC's emergency-purpose exception.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Upcoming Live Online CLE Broadcasts

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs