Available in:

OnDemand Course

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.

92 minutes
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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

Overview of the TCPA and Why You Should Care

  • Why Use Text Messaging to Interact With Candidates
  • TCPA Litigation Generally
  • TCPA Litigation Involving Staffing Companies and Recruitment Text Messages

Prior Express Consent for Recruitment/Job Placement Text Messages

  • What the TCPA Requires and the Different Levels of Consent Necessary
  • How to Get Prior Express Consent
  • Best Practices
  • Documenting and Retaining Records of Consent and Revocation

Automatic Telephone Dialing Systems (ATDS) Under the TCPA

  • Confusion and Differences Amongst Court Rulings
  • Impact of ACA International vs. FCC on the ATDS Inquiry
  • Current FCC ATDS Proceeding

TCPA Demand Letters

  • Sources and Proliferation
  • Response Strategies
  • Case Studies
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 25, 2020.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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

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
  • Counsels clients on a variety of advertising and telemarketing-related matters, including how to comply with the TCPA, TSR, and state calling and text messaging laws
  • Assists clients with advertising substantiation investigations, and inquiries from the Federal Trade Commission and state attorneys general
  • Often speaks and writes about TCPA, TSR, and other telemarketing-related issues
  • Regularly recognized by Super Lawyers, Best Lawyers in America, and other publications as a leading attorney in consumer protection law
  • In 2017, 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 or [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
  • Assists clients with advertising substantiation investigations and litigations, 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; defends clients in telemarketing and false advertising litigation, FTC enforcement actions, complex consumer class actions, and trademark, trade dress, patent and copyright infringement cases; prosecutes false advertising and intellectual property cases in business-to-business disputes
  • 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]
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 407321
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!