The FCC’s much anticipated TCPA rulings were released this past Friday. On Friday, July 17, our panel of esteemed TCPA attorneys – both plaintiff’s and defense – will give you a first look at how the rulings will drive TCPA litigation, from both the plaintiff’s and defense perspective. I expect to hear some interesting debate.
Here are the salient issues we will cover:
What do the rulings say about predictive dialers, preview dialers and future dialing technology? What does the FCC mean what it talks about “capacity” and “calling from a list of numbers?” Can you ever be certain that your equipment is not an ATDS?
What do the rulings mean for the manner, content or means a businesses must use to obtain prior, express consent to call a customer’s cellphone using an “automated telephone dialing system” or prerecorded message? And who provides the consent?
Revocation of Consent
The rulings allow consent to be withdrawn orally or in writing “through any reasonable means.” The FCC interprets the TCPA as not allowing callers to define the manner in which revocation can occur. We’ll discuss how revocation issues have been litigated and how that litigation will likely evolve as a result of the rulings.
Relief from Liability for Calling Reassigned Numbers
The risks of dialing a reassigned number using an ATDS remain large and it is likely to stay that way given the limited relief provided by the rulings. We’ll explore the “one call” exception and give our take on what role it can play going forward.
“Urgent” Information Calls
ATDS calls that would alert a consumer to certain events get special treatment. We will look at what kind of calls can qualify.
“Dual Purpose” and Telemarketing Calls
The rulings address the content of prior express written consent for “dual purpose” and telemarketing calls as well as whether all forms of prior express written consent obtained before the October 2013 rule change are effective. The rulings’ interpretation of these issues will be of special interest to lenders and loan servicers.