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Product ID: 397867EAU

The Continuing Evolution of the TCPA

OnDemand Webinar (84 minutes)

Understand the important aspects of the TCPA and avoid costly penalties to your business.

Many businesses are not able to follow the ever expanding and evolving rules set forth by the FCC in order to comply with the TCPA. They also may not realize that some opinions from just a few years ago have now been rendered obsolete due to subsequent rulings by the FCC. This topic will help those responsible for compliance to understand the important aspects of the TCPA. It will also explain how the interpretations of TCPA may change sometime in the future. However, the TCPA will continue to present significant exposure to those accused of violating it because the statutory damages provision of the TCPA provides for a damage award of either $500 or $1,500 for each alleged violation.


Justin M. Penn, Hinshaw & Culbertson LLP John P. Ryan, Hinshaw & Culbertson LLP


The Evolution of an Automatic Telephone Dialing System (ATDS)

• The Statutory Definition

• The FCC's Evolving Interpretation

The Evolution of Consent

• Affirmative Defense vs. an Element

• Express Consent vs. Express Written Consent

• Revocation of Consent

The Evolution of the FCC's Orders on the TCPA

• Not Meant to Interfere With Normal Business Communication

• The Elimination of the EBR Defense

Spokeo and the ACA Appeal

What's Next?