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Compliance Issues for Texting Applicants

 

Understand the potential TCPA risk exposure associated with using text messages to communicate with job candidates.

The Telephone Consumer Protection act (TCPA) is a favorite consumer protection statute amongst the plaintiffs' bar given its relatively low pleading hurdles and high statutory damages ($500 per text message in violation, possibly trebled to $1,500 if the violation is deemed to be knowing or willful). In 2019, juries awarded damages in the hundreds of millions of dollars and, in one case, damages that reached nearly a billion dollars. It is important for all staffing agencies, recruiters, and others who utilize text messaging to interact with candidates to understand the risks associated with this method of communication. This topic will provide recruiters, staffing agencies, and employers with an overview of the TCPA's requirements, and offer up some best practices to contact candidates in a compliant manner. In particular, our panelists will explain the current court split with respect to what constitutes an auto-dialer under the TCPA; what types of text messaging technologies likely would not be held to be an auto-dialer under any standard; and address other TCPA issues that the staffing and job-placement industry faces.

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Compliance Issues for Texting Applicants

Agenda

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Compliance Issues for Texting Applicants

Faculty

Daniel S. Blynn

Daniel S. Blynn

Venable LLP

  • Partner in the Advertising and Marketing, and Class Action Defense practice groups of Venable LLP
  • Practice focuses on telemarketing and false advertising litigation, and complex consumer class actions in federal and state courts; assists clients with advertising substantiation investigations, and inquiries from the Federal Trade Commission (FTC) and state attorneys general; he also counsels clients on a variety of advertising and telemarketing-related matters, including how to comply with the TCPA, Telemarketing Sales Rule, and state calling and text messaging laws
  • Regularly speaks and writes about TCPA and other telemarketing-related issues, including at the American Staffing Association (ASA) Staffing Law Conference and in related ASA publications
  • Regularly recognized by Super Lawyers, Best Lawyers in America, and other publications as a leading attorney in consumer protection law; in 2017, he was honored by Law360 as a Rising Star (one of 156 attorneys under 40 in the United States whose “legal accomplishments transcend their age”), and just one of three attorneys recognized in the category of consumer protection for his work on advertising and marketing matters
  • J.D. degree, Wake Forest University School of Law; B.A. degree in political science, Johns Hopkins University
  • Can be contacted at 202-344-4619 and [email protected]
Stephen R. Freeland

Stephen R. Freeland

Venable LLP

  • Partner in the Advertising and Marketing, and Class Action Defense practice groups of Venable LLP
  • Practice focuses on telemarketing and false advertising litigation, complex consumer class actions, and trademark, trade dress, patent and copyright infringement, and FTC enforcement actions in federal and state courts; assists clients with advertising substantiation investigations, and inquiries from the FTC and state AGs; he also counsels clients on legal compliance, including compliance with the TCPA, the FTC’s Telemarketing Sales Rule, the Restore Online Shoppers’ Confidence Act (or ROSCA) as well as intellectual property protection strategies
  • Recognized by Super Lawyers as a Washington D.C. Rising Star, 2014 – 2018
  • J.D. degree, magna cum laude, George Mason University School of Law; B.A. degrees in both criminal justice and sociology, summa cum laude, Marymount University
  • Can be contacted at 202-344-4837 and [email protected]
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Compliance Issues for Texting Applicants

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