Despite the D.C. Circuit’s ruling in theACA Int’l case and a change in direction by the FCC, new TCPA cases continue to be filed as judges around the country seek to grapple with the new world in which large portions of the FCC’s 2003, 2008 and 2015 regulations no longer have effect. This panel will address the hot issues in TCPA litigation that both litigators and compliance officers need to understand, including (1) what is an ATDS afterACA Int’l? (2) parent/subsidiary, franchisor/franchisee and other vicarious liability issues; (3) the impact of TCPA fast track rules; (4) favored and disfavored venues; (5) class certification issues; (6) new law on mobile contract formation and arbitrability of TCPA claims.
Ian Ballon, Shareholder, Greenberg Traurig LLP
Debra McGuire Mercer, Of Counsel, Greenberg Traurig, LLP
Eulonda Skyles, Assistant General Counsel, Privacy, Capital One