TCPA Lawsuits: Perils of Automatic Telephone Dialing Systems, and Other Issues


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

The Telephone Consumer Protection Act of 1991 (TCPA) prohibits the use of pre-recorded or automatic telephone dialing systems (ATDS) to place calls to any wireless or cellular number except for emergency purposes or with the called party’s prior express consent. Since the TCPA’s inception, the Federal Communications Commission (FCC), charged with rulemaking authority over the TCPA, has implemented certain regulations and provided guidance over the application of the TCPA. In an effort to clarify how the TCPA applies to the various industries and to the consumer public, an ongoing battle rages on in Congress, the FCC and the courts to define and clarify the prohibitions of this statute. This seminar will update you on how this battle is going and what potential victories and defeats lie ahead.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   What is an ATDS?
•   What is ‘prior express consent’?
•   How can prior express consent be revoked by the consumer?
•   The dangers and pitfalls of attempting to certify a TCPA class action

Date / Time: April 22, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: May 24, 2019

Ernest H. “Skip” Kohlmyer, III, Esq. is a Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. Mr. Kohlmyer’s practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation. Mr. Kohlmyer also is highly experienced in litigation relating to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), representing corporations, collection agencies, debt buyers, and credit reporting agencies. A large number of his clients and primary focus of his experience is representing national medical billing and collection entities. Mr. Kohlmyer regularly represents some of the largest healthcare organizations in the State of Florida and has presented seminars at AAHAM and NHCA conferences.

Mr. Kohlmyer is a member of the Florida Bar, the State Bar of Georgia, the New York Bar Association and is admitted to practice before the Supreme Court of the United States, Eleventh Circuit Court of Appeals, United States Court of Appeals for the District of Columbia, United States Court of International Trade and the federal district courts within the States of Florida, Georgia and New York. He is a member of the Association of Credit and Collection Professionals (ACA International), serving in leadership positions and speaking regularly at industry and continuing legal education conferences.

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Section I. Background and Provision of the TCPA

Section II. What is an ATDS? Past, Present and Future

Section III. Impact of ACA International v. FCC and Marks v. Crunch Fitness

Section IV. Establishing and Proving “Prior Express Consent”

Section V. Revoking Consent

Section VI. Certifications of TCPA Class Action lawsuits

Section VII. Damages and Mitigation of Liability