Details
 

October 30, 2019
11:00AM - 12:00PM

2019 State of the TCPA (Telephone Consumer Protection Act)

OADA Webinar - Complimentary for OADA Members

Register HereBrown Bag Lunch Webinar Series

Today's dealerships are finding that marketing to consumers has never been more challenging and fraught with risk. Advances in technology have created more sophisticated ways to reach consumers, and the rise in use of smartphones and text messaging has resulted in widespread marketing campaigns to reach them on mobile devices. While these campaigns are pivotal for contacting customers and bringing business to dealerships, they also bring potential regulatory pitfalls.

These online and mobile marketing campaigns are especially susceptible to violations of the Telephone Consumer Protection Act (TCPA). The TCPA prohibits the use of calls and text messages from an automatic telephone dialing system (ATDS) or prerecorded messages to contact cell phones and residential homes without proper consent. Cases involving the TCPA represent the second highest filing in U.S. federal courts and lawsuits typically result in multi-million-dollar judgments with settlements averaging $6.6 million. Add in the potential of hundreds of thousands in legal fees to defend such an action, and TCPA can become synonymous with bankruptcy.

Join OADA as we welcome Michele Shuster and Adam Steele from Mac Murray & Shuster LLP, to present this topics to you. The firm has extensive experience in this area, and are excited to bring you the most current updates on this topics.

TCPA Compliance

Several factors make complying with the TCPA difficult to achieve. First and foremost, the definition of what an ATDS is remains unclear. A number of rulings from courts and the Federal Communications Commission have created conflicting definitions of what qualifies as an ATDS and understanding whether your dialer qualifies is pivotal to your compliance. Depending on the answer, the TCPA imposes various consent requirements which must be properly obtained from the consumer before any attempt at contact is made. These requirements change depending on the nature of the call or text message or whether the number being contacted is a cell phone or residential number.

Lead Generation

The common practice of purchasing leads from third parties also creates serious TCPA challenges for dealerships. That's because dealerships are often one step removed from consumers that give their consent for calls and texts directly to lead generators, yet still bear liability for those communications. The Federal Trade Commission has recently begun cracking down on companies that purchase bad leads from third parties without doing their due diligence - a single noncompliant lead that results in telemarketing calls could easily cost dealerships substantial fines. Self-regulation and regular monitoring for noncompliant leads is crucial to avoid the scrutiny of TCPA regulators.

Is Your Dealership TCPA Compliant?

Attendees to the webinar may expect to:

  • Understand how current TCPA rulings and interpretations apply to their dealerships' marketing initiatives,
  • Identify the steps that smart dealerships take to comply with TCPA requirements,
  • Learn how to assess their business for common compliance pitfalls and hidden risks, and
  • Create compliant solutions for reaching consumers and growing their business.

There is no connection fee for OADA member dealers. Non-members will be charged a $50 connection fee. Register Here!

Printer-Friendly Version


Add to Calendar aCLuDhaqizCaPxAftmqF167204 10/30/2019 11:00 AM 10/30/2019 12:00 PM false 2019 State of the TCPA (Telephone Consumer Protection Act) Register Here Today's dealerships are finding that marketing to consumers has never been more challenging and fraught with risk. Advances in technology have created more sophisticated ways to reach consumers, and the rise in use of smartphones and text messaging has resulted in widespread marketing campaigns to reach them on mobile devices. While these campaigns are pivotal for contacting customers and bringing business to dealerships, they also bring potential regulatory pitfalls. These online and mobile marketing campaigns are especially susceptible to violations of the Telephone Consumer Protection Act (TCPA). The TCPA prohibits the use of calls and text messages from an automatic telephone dialing system (ATDS) or prerecorded messages to contact cell phones and residential homes without proper consent. Cases involving the TCPA represent the second highest filing in U.S. federal courts and lawsuits typically result in multi-million-dollar judgments with settlements averaging $6.6 million. Add in the potential of hundreds of thousands in legal fees to defend such an action, and TCPA can become synonymous with bankruptcy. Join OADA as we welcome Michele Shuster and Adam Steele from Mac Murray & Shuster LLP, to present this topics to you. The firm has extensive experience in this area, and are excited to bring you the most current updates on this topics. TCPA Compliance Several factors make complying with the TCPA difficult to achieve. First and foremost, the definition of what an ATDS is remains unclear. A number of rulings from courts and the Federal Communications Commission have created conflicting definitions of what qualifies as an ATDS and understanding whether your dialer qualifies is pivotal to your compliance. Depending on the answer, the TCPA imposes various consent requirements which must be properly obtained from the consumer before any attempt at contact is made. These requirements change depending on the nature of the call or text message or whether the number being contacted is a cell phone or residential number. Lead Generation The common practice of purchasing leads from third parties also creates serious TCPA challenges for dealerships. That's because dealerships are often one step removed from consumers that give their consent for calls and texts directly to lead generators, yet still bear liability for those communications. The Federal Trade Commission has recently begun cracking down on companies that purchase bad leads from third parties without doing their due diligence - a single noncompliant lead that results in telemarketing calls could easily cost dealerships substantial fines. Self-regulation and regular monitoring for noncompliant leads is crucial to avoid the scrutiny of TCPA regulators. Is Your Dealership TCPA Compliant? Attendees to the webinar may expect to: Understand how current TCPA rulings and interpretations apply to their dealerships' marketing initiatives, Identify the steps that smart dealerships take to comply with TCPA requirements, Learn how to assess their business for common compliance pitfalls and hidden risks, and Create compliant solutions for reaching consumers and growing their business. There is no connection fee for OADA member dealers. Non-members will be charged a $50 connection fee. Register Here! OADA Webinar - Complimentary for OADA Members