Understanding the TCPA and Avoiding/Defending TCPA Litigation

David G. Thomas | Greenberg Traurig

David serves a Co-Chair of the Boston Litigation Group. He is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. Among other things, David represents (1) manufacturers and retailers facing false advertising claims arising out of alleged violations of federal and state consumer protection statutes, including the Federal Trade Commission Act and “little FTC Acts” like Massachusetts General Laws Chapter 93A – the Massachusetts Consumer Protection Act, (2) lenders, mortgage brokers and servicers facing predatory lending and unfair servicing claims arising out of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and state laws governing consumer financing and mortgage loan servicing, (3) health care and other entities accused of submitting false claims to the government or governmental payors, (4) companies accused of violating the Telephone Consumer Protection Act and similar state laws and regulations, and (5) companies and individuals accused of misappropriating or divulging confidential intellectual property, including trade secrets, customer lists, and other protected information.

David also represents companies and individuals responding to civil investigative demands under various regulatory schemes, including federal and state false claims acts and related enforcement actions brought by federal and state regulatory agencies, including the United States Department of Justice, Massachusetts Office of the Attorney General, and other federal and state agencies.

Angela C. Bunnell | Greenberg Traurig

Angela Bunnell is a member of the Litigation Practice Group in Greenberg Traurig’s Boston office. She represents clients in a broad range of commercial litigation matters in both state and federal court from early-stage investigations and responding to demand letters through appeals. She focuses her practice on commercial litigation with an emphasis in consumer class actions, white collar criminal matters, government investigations, and diverse employment matters. Angela also has experience with complex eDiscovery matters, and has been responsible for preservation, collection, review, and production of ESI in state and federal lawsuits. Angela has deep experience counseling clients on a variety of information governance matters, ranging from data security and cyber security through international and domestic data privacy regulations. Angela also has experience representing clients in responding to data breaches and related litigation.

Before joining the firm, Angela served as a federal law clerk, providing valuable insight and understanding of the court system and litigation process.

Stephanie Peral | Greenberg Traurig

Stephanie Peral represents clients in complex commercial litigation, securities litigation and consumer class actions. She is also experienced in representing clients during internal investigations and in enforcement actions.

Stephanie has litigated matters in both state and federal courts involving contract disputes, breaches of fiduciary duties, fraud, and claims under the Telephone Consumer Protection Act (TCPA). In addition, she has represented clients in connection with investigations by the Securities and Exchange Commission (SEC), the Federal Bureau of Investigation (FBI) and the Federal Communications Commission (FCC) Office of Inspector General (OIG).

As a member of the firm’s eDiscovery group, Stephanie handles and coordinates multijurisdictional and multinational discovery matters, including document collections, reviews, and productions.

Stephanie is also active in pro bono work involving immigration matters and matters concerning the First Amendment.

Concentrations:

• Commercial litigation
• Product liability
• Class actions
• Securities litigation
• Class action litigation
• Regulatory and enforcement investigations
• Internal investigations

I. TCPA-structure, scope, and liability | 12:00pm – 12:20 pm
II. Obtaining, recording, and proving consent to call and text | 12:20pm – 12:40pm
III. Do-not-call claims and other litigation trends | 12:40pm – 1:00pm

Break | 1:00pm – 1:10pm

IV. State TCPA statutes | 1:10pm – 1:40pm
V. Forming online contracts, arbitration, and vendor indemnification | 1:40pm – 2:10pm