Avoiding TCPA Pitfalls: Essential Guidance for Retailers

With uncapped statutory damages of up to $1,500 per violation, the Telephone Consumer Protection Act (TCPA) strikes fear into any company that contacts consumers by cell phone, text or prerecorded message. The retail industry is no exception. Retailers have been hit with a string of high-profile, high-risk TCPA cases, a number of which have recently resulted in multimillion-dollar settlements. Against the rising tide of these lawsuits, retailers are faced with the challenge of developing effective and creative mobile marketing campaigns to promote their products and services and communicating with their guests while meeting TCPA compliance requirements.

This complimentary webinar reviewed the most important TCPA case developments for retailers, discussed recent enforcement trends, and highlighted practices and procedures to help mitigate the threat of litigation. During the program, the presenters:

  • Discussed recent TCPA cases and key takeaways for retailers and their marketing teams in contacting consumers via text messages, mobile apps and other communications.
  • Summarized the U.S. Supreme Court’s eagerly awaited Spokeo v. Robins and Campbell-Ewald Co. v. Gomez decisions and their likely impact on class action litigation.
  • Delved into the most challenging aspects of the TCPA, such as obtaining express written consent, managing opt-outs, and avoiding calling reassigned numbers.
  • Explained the scope and practicality of the FCC’s July 2015 exemption for onetime text message responses, which is key to every retailer that offers discounts and special offers via text message.

If you would like to receive an audio transcript of this webinar due to accessibility issues, please email us at webinars@manatt.com.

This program does not constitute legal advice, nor does it establish an attorney-client relationship. Views expressed by presenters are strictly their own and should not be construed to be the views of Manatt or attributed to Manatt.



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