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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.

Runtime: 92 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

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
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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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
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.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, 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.

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including hour of ethics credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • 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.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 92 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • 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.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

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.

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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

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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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: 407321
Published 2020
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