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Learn the Fundamentals of TCPA and How to Navigate Communications with the Public

Gain an understanding of legal issues involving TCPA and how to navigate communications with the public.

The Telephone Consumer Protection Act (TCPA) has created a firestorm of individual and class action lawsuits filed by very active consumer protection plaintiff's lawyers looking for quick money from marketing entities, sports agencies, debt collectors, and any other businesses using automatic dialing and/or texting communications with the general public. Even nominal errors or oversights can lead to violations of the TCPA which exposing businesses to extensive liability and damages claims. This topic will provide you with the knowledge you need to navigate the dangers of communicating with the general public, customers or other individuals in compliance with the TCPA. This information will explain the requirements and prohibitions of the TCPA, highlight recent developments in the law, regulatory orders and other federal legislation which impact automated communications, and review techniques and strategies to reduce the risk of frivolous or harmful TCPA lawsuits.

Runtime: 88 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The Nuts and Bolts of the Telephone Consumer Protection Act

  • Requirements and Prohibitions of the Act
  • What Is an Automatic Telephone Dialing System
  • What Is Sufficient Human Intervention for Exemptions From the Telephone Consumer Protection Act

Emergency Purposes and Establishing Prior Express Consent

  • What Is Prior Express Consent?
  • Demonstrating Proof of the Defense
  • Handling Revocations of Consent (Written and Oral)

Problems and Issues in Ascertaining a TCPA Class Under Rule 23

  • Numerousity
  • Ascertainability
  • Administratively Feasible

Recent Legal Issues Involving TCPA Lawsuits

  • Hobbs Act and Chevron Deference
  • Constitutionality of the TCPA
  • Reliance Upon Previous FCC Declaratory Orders Regarding TCPA Issues
  • Regulatory and Legislative Fixes to the TCPA
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on May 1, 2020.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • HI CLE 1.0
     
  • ME CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • NY CLE 1.0 including Skills 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.

Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.

Shepard, Smith, Kohlmyer & Hand, P.A.

  • Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida where he has served as corporate counsel for an Atlanta based collection agency
  • Been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008
  • Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
  • Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters in addition to also being the lead counsel in key district court opinions
  • Served in various leadership positions with ACA International and is president-elect of the Florida Collectors Association
  • LL.M. degree, in international law and business; certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407434
Published 2020
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