TCPA Litigation Deep Dive: From Early Cases to Emerging Legal Frontiers

This session introduces the Telephone Consumer Protection Act, enacted in 1991, and examines how the telecommunications landscape has dramatically changed over 35 years. Participants will learn about the private right of action, statutory damages of $500-$1,500 per violation, and how the 2012 Mims v. Arrow decision opened federal court jurisdiction.

This comprehensive session covers the four pillars of TCPA compliance: unsolicited faxes, calls using regulated technology (ATDS and prerecorded calls), internal do not call claims, and national do not call list violations. Participants will explore the Facebook v. Duguid decision’s impact on ATDS definitions, consent requirements including prior express written consent rules, and vicarious liability considerations for third-party vendors.

This session addresses the class action vulnerability inherent in TCPA cases and critical discovery issues including consent documentation, call logs, and dialing system evidence. Participants will learn about class certification factors such as commonality analysis and individual issues that can defeat certification, along with current motion practice trends following the McLaughlin decision.

A short break providing participants time to refresh before continuing with the remaining sessions on settlement strategies, compliance best practices, and emerging issues.

This session examines strategic considerations for settling TCPA cases, including optimal timing for mediation and the distinction between class action settlements requiring court approval versus individual settlements. Participants will learn that approximately 85% of TCPA cases settle outside of class action resolution or dispositive motions, primarily due to statutory damages exposure.

This session covers essential compliance tools including developing a formal compliance plan, implementing DNC scrubbing procedures, utilizing the reassigned numbers database, and establishing effective opt-out tracking systems. Participants will understand the importance of thorough record keeping and navigating the vendor ecosystem for compliance solutions.

This session explores state-level telephone solicitation laws, with particular focus on Florida’s FTSA amendments and Texas registration requirements. Participants will learn about quiet hours and quiet days variations across states, preemption issues, and how state statutes can create cumulative damages exposure alongside federal claims.

This session addresses cutting-edge issues including AI-generated calls and the statutory ‘artificial voice’ prohibition from 1991. Participants will learn about the dangers of relying on case summaries for compliance strategies and why using generative AI tools to create TCPA compliance plans creates significant litigation risk.

This concluding session synthesizes the critical takeaways including understanding the four compliance pillars, the transformative impact of McLaughlin on FCC guidance, and the importance of consent documentation. Participants will leave understanding that compliance and litigation require different approaches, with maximum standard compliance being the safest path forward.