Wednesday, July 15, 2020
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific
Consumer spending in the US plunged more than 13% as a result of the COVID-19 pandemic. As states begin reopening and marketers begin refocusing on acquiring new customers and strengthening their relationships with existing customers, it is imperative for marketers to remember that the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act apply to all marketing campaigns that involve texts, calls, and emails to consumers.
The TCPA continues to be one of the most heavily litigated consumer protection statutes in the country, with over 3,000 lawsuits filed in 2019. TCPA lawsuits are often brought as class actions because the statute provides for hefty fines ($500-$1,500) per text or call with no limit on the total amount of damages sought. As a result, the potential risk to businesses for TCPA non-compliance can be as catastrophic as the pandemic itself. While new privacy laws like the CCPA provide additional unsubscribe and class action rights to individuals, CAN-SPAM remains relevant in that each separate email sent in violation of CAN-SPAM remains subject to penalties of up to $43,280.
This webinar is intended for both attorneys and marketing professionals and will provide helpful tools for businesses to avoid becoming targets of consumer litigation. The presenters will provide a back-to-basics primer on TCPA and CAN-SPAM rules and penalties regarding text, calls, and emails. They will provide helpful best practices with respect to using third-party vendors and externally sourced marketing lists. The webinar will conclude with an overview of TCPA trends and hot topics.
Topics will include:
- TCPA rules regarding texts and calls to consumers
- CAN-SPAM Act rules with respect to emails
- Interaction between the CCPA and CAN-SPAM
- Penalties for non-compliance
- Best practices with respect to using third-party vendors and externally-sourced marketing lists
TCPA trends and hot topics, including the FCC’s March 20, 2020, Declaratory Ruling regarding COVID-19 calls