1. THE TELEPHONE CONSUMER PROTECTION ACT: 2015 UPDATES TO FCC REGULATIONS
Presented by:
Brett Heather Freedson
Deanne M. O’Dell

2. UTILITIES & TELECOM PRACTICE GROUP
Washington DC, Pittsburgh, Harrisburg, Richmond
Counsel to Regulated Industries:
Telecom
Electric
Water
Gas
Transportation
Practice Before Federal and State Agencies
Regulation and Compliance
Licensing
Legal Advice
Restructuring

3. BACKGROUND
Enacted 1991
Limitation on Telephone Marketing via Calls and Faxes
Impact of New Technologies and Applications
Wireless Smartphones Replacing Residential Landlines
Text Messaging (SMS)
Social Media
Balancing of Interests
Unwanted Commercial Solicitations
Information Communications between Business and Customer
Ambiguous Rules Give Rise to Class Action Litigation and Consumer Complaints

4. PRACTICES GOVERNED BY TCPA
Auto-Dialing
Artificial and Pre-Recorded Messages
Unsolicited Fax Advertisements
Telemarketing and Telephone Solicitations
“Do Not Call” Regulations
Disclosure of Customer Billing Information
Manipulation of Caller ID Information

5. TCPA ENFORCEMENT Civil Litigation FCC Enforcement and Forfeitures
Individual, Class Action or AG Complaint
Federal and State Court
Injunction
Actual Damages or $500/Violation
Treble Damages if Violation is Knowing or Willful
FCC Enforcement and Forfeitures

6. STATE ENFORCEMENT OF TCPA
No Preemption of State Law
Unsolicited Fax Advertisements
Auto-Dialing
Pre-Recorded Voice Messages
Telephone Solicitations (Do-Not-Call List)
AG may Investigate, Initiate Civil Complaint
Commission may Intervene in Civil Litigation

7. 2015 UPDATES TO FCC REGULATIONS
What Constitutes Auto-Dialing?
Who is Responsible for an Automated Message?
When is Consent Given or Revoked?
How is TCPA Applied to Reassigned Numbers?
Are Text Messages Treated as “Calls”?
Are Informational Automated Messages Exempt?
Exemption: Free Calls From Financial Institutions
Exemption: Free Calls From Healthcare Providers
Is Blocking of Robo-Calls Permitted?

8. BUSINESS BEST PRACTICES
Monitor Federal and State Changes of Law.
Review Internal Practices and Implement Updates.
Offer Training for Internal Personnel.
Manage Third-Party Vendors.
Provide Clear and Accessible Opt-Out Mechanisms

9. Questions? Brett Heather Freedson, Esq.
(412) |
Deanne M. O’Dell, Esq.
(717) |