Are you ready for the changes to the Telephone Consumer Protection Act going into effect in October 2013?
Loeb & Loeb LLP invites you to our complimentary 60-minute CLE webinar.
Recorded on September 18, 2013
Available Media Formats:
Why You Should Attend
In February 2012, the Federal Communications Commission (FCC) promulgated new regulations for telemarketing calls under the Telephone Consumer Protection Act (TCPA). Changes to rules on abandoned or dropped calls went into effect on November 15, 2012. New opt-out requirements went into effect on January 14, 2013. But perhaps the most significant change of all is yet to come when the new written consent requirements for prerecorded or autodialed telemarketing calls go into effect on October 16, 2013. These new requirements will now apply to commercial banks, credit unions, insurance companies, and airlines.
The recent surge in TCPA class action litigation highlights the need for compliance with the new regulations. Plaintiffs’ counsel and regulators will be poised for a new round of TCPA lawsuits and citations. Accordingly, it is imperative that businesses are prepared. Will you and your clients be ready?
What You Will LearnPartner and chair of Loeb & Loeb's Consumer Protection Defense Department Michael L. Mallow and partner Christine M. Reilly explain the new regulations, identify which industries will be most impacted, and provide practical suggestions on how to prepare for the new requirements and remain compliant with the law.
- Overview of the TCPA
- Call abandonment requirements
- Opt-out requirements
- Written consent requirements and application
- Compliance tips and best practices
This webinar is intended for attorneys at telemarketing firms and in-house counsel for companies that engage in telemarketing or hire others to do telemarketing on their behalf.
Overview of the TCPA (20 minutes)
- Overview of the legal landscape of the TCPA, and summary of recent trends and activity under the TCPA.
- Overview of the provisions related to mobile and residential phones.
- The differences between calls to mobile and residential calls and the significance of these differences to businesses.
- The risks of non-compliance.
Call Abandonment/Opt-Out Requirements (5 minutes)
- The old rule for call abandonment stated that the number of dropped or abandoned telemarketing calls must be no more than 3 percent of all telemarketing calls over a 30-day period. The new rule provides that the number of dropped or abandoned telemarketing calls must be no more than 3 percent of calls per single campaign over a 30-day period. The significance of this change, who is likely to be impacted, and how to prepare to meet the new requirements will be discussed.
- The old rule for opt-outs required that consumers who did not wish to receive further prerecorded telemarketing calls could opt out by dialing a telephone number (required to be provided in the prerecorded message) during regular business hours to make a company-specific Do-Not-Call request. The new rules add additional, required opt-out mechanisms telemarketers must provide, both during the call itself and in cases in which the call goes to an answering machine or voice mail. The new requirements and how to effectuate compliance will be discussed.
Written Consent Requirements (15 minutes)
- Under the old rule, written consent was not required for calls to both residential and cell phones. However, the changes going into effect on October 16 impose stricter prior express consent requirements for calls to both landlines and cell phones. The new rules require prior express written consent and remove the existing business relationship exemption for calls made to residential landlines.
- What qualifies as prior express written consent and what does not, the significance of this change for businesses, and how best to comply.
- Several examples of prior express written consent disclosures, suggestions and methods for obtaining the requisite intent, and the importance of good recordkeeping.
- The presenters will also address several significant questions not answered by the FCC’s February 15, 2012 Report and or the new regulations.
Compliance Best Practices (5 minutes)
- A list of do’s and don’ts and best practices in light of the new rules.
- Compliance tips and strategies to help prevent the filing of class action lawsuits and to help defend against these lawsuits in the event they are filed.
Q&A Session (5 minutes)