The TCPA: The Year Behind and Year Ahead

Thursday, December 10, 2020
12:30-4:00 p.m. ET

12:30–12:40 p.m. | Welcome and Overview of Topics
Michael P. Daly, Partner, Faegre Drinker

12:40–1:40 p.m. | Regulatory Recap
The regulatory panel will discuss ongoing FCC proceedings relating to TCPA interpretation, the TRACED Act and Reassigned Number Database implementation, as well as the pending rulemaking on the scope of TCPA calling or texting exemptions, recent rulings on COVID-19 related communications, and the FCC’s “call blocking by default” framework. Panelists from the FCC, as well as health, financial and telecom industry representatives will share their perspectives on the FCC’s TCPA actions during 2020 and highlight the critical issues that will continue to affect callers of all types seeking to comply with complex and changing requirements. This session will help participants better understand the dynamics of the FCC’s processes as well as TCPA regulatory trends.
Mary Ellen Kleiman, National Association of Chain Drug Stores
Ann Kossachev, National Association of Federally-Insured Credit Unions
Amanda E. Potter, AT&T
Kurt A. Schroeder, Federal Communications Commission
Moderator: Laura H. Phillips, Partner, Faegre Drinker

1:40–1:45 p.m. | Break

1:45–2:45 p.m. | Supreme Court Review
The Supreme Court agreed to review not one but two TCPA cases this year. The first concerned the constitutionality of an exception that applied only to attempts to collect federal debts. The second concerns the interpretation of the statute’s circuit-splitting definition of an “automatic telephone dialing system.” Both involve important threshold questions that could eliminate whole species of claims under a statute that generates more litigation that almost any other. Our panel of appellate practitioners will offer their insights on these critical cases and what the Supreme Court’s decisions—and what the legislative, judicial, and regulatory reactions to them—might mean for callers and consumers going forward.  
Bradley J. Andreozzi, Faegre Drinker
Erin L. Hoffman, Faegre Drinker
Mark D. Taticchi, Faegre Drinker
Aaron Radbil, Greenwald Davidson Radbil PLLC
Moderator: Michael P. Daly, Faegre Drinker

2:45–2:50 p.m. | Break

2:50–3:50 p.m. | Trends in Litigating TCPA Cases
With thousands of TCPA cases filed and litigated every year—global pandemic notwithstanding—the TCPA continues to be a litigation juggernaut. Our third and final session will discuss recent litigation trends, including defense strategies, blockbuster judgments, settlement structures, and vicarious and personal liability.
Robert DeWitte, KCC
Justin O. Kay, Faegre Drinker
Adam T. Savett, Savett Law Offices LLC
Ross Weiner, Risk Settlements
Moderator: Marsha J. Indych, Faegre Drinker

3:50–4:00 p.m. | Concluding Remarks
Marsha J. Indych, Faegre Drinker

Regulatory Recap

This program has been approved only for the following continuing legal education credits:

• California – 1.0 participatory hours of general credit
• Colorado – 1.0 live hours of general credit
• Connecticut – 1.0 reciprocal hours of general credit
• Illinois – 1.0 hours of general credit
• Indiana – 1.0 distance hours of substantive general credit
• New Jersey – 1.2 distance hours of continuing legal education credit
• New York – 1.0 non-traditional hours of professional practice credit for both newly admitted and experienced attorneys
• Pennsylvania – 1.0 distance hours of substantive law, practice, and procedure continuing legal education credit
• Texas – 1.0 hours of general credit

An application for approval of this course has been submitted and is pending in the following states: Delaware, Iowa, Minnesota, and Virginia.

Supreme Court Review

This program has been approved only for the following continuing legal education credits:

• California – 1.0 participatory hours of general credit
• Colorado – 1.0 live hours of general credit
• Connecticut – 1.0 reciprocal hours of general credit
• Illinois – 1.0 hours of general credit
• Indiana – 1.0 distance hours of substantive general credit
• New Jersey – 1.2 distance hours of continuing legal education credit
• New York – 1.0 non-traditional hours of professional practice credit for both newly admitted and experienced attorneys
• Pennsylvania – 1.0 distance hours of substantive law, practice, and procedure continuing legal education credit
• Texas – 1.0 hours of general credit

An application for approval of this course has been submitted and is pending in the following states: Delaware, Iowa, Minnesota, and Virginia.

Trends in Litigating TCPA

This program has been approved only for the following continuing legal education credits:

• California – 1.0 participatory hours of general credit
• Colorado – 1.0 live hours of general credit
• Connecticut – 1.0 reciprocal hours of general credit
• Illinois – 1.0 hours of general credit
• Indiana – 1.0 distance hours of substantive general credit
• New Jersey – 1.2 distance hours of continuing legal education credit
• New York – 1.0 non-traditional hours of professional practice credit for both newly admitted and experienced attorneys
• Pennsylvania – 1.0 distance hours of substantive law, practice, and procedure continuing legal education credit
• Texas – 1.0 hours of general credit

An application for approval of this course has been submitted and is pending in the following states: Delaware, Florida, Iowa, Minnesota, and Virginia.