“It’s the Time of the Season”: Recent Developments in TCPA and State Telemarketing Litigation and Legislation

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In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time of the Season,” which was inspired, in part, by George Gershwin’s jazz standard “Summertime.”  Well, a lot has happened in the telemarketing space this summer (and in the preceding months).  Telephone Consumer Protection Act (TCPA) class action filings are nearly 30% higher year over year, and state telemarketing law filings show no sign of slowing either, despite favorable legal and legislative developments over the past year.  Given the draconian, non-capped, aggregated statutory damages typically available under the TCPA and state “mini-TCPAs,” any company that uses the telephone to engage with consumers, including through the use of AI and text message, needs to pay attention.  Telemarketing remains a legal minefield that can create potentially devastating exposure.

In this presentation, attendees will learn the fundamentals of federal and notable state telemarketing laws; gain insight into current litigation trends (and some defenses); hear about notable case outcomes and federal and state legislative developments; and learn practical compliance strategies to minimize risk.

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