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Course description

Handout: All attendees will receive a modifiable Customer Consent form, which will ensure your consumers provide express consent to be contacted by your Institution. 

Alert: On the November 13, the Supreme Court agreed to review a Telephone Consumer Protection Act (TCPA) case to determine whether the Federal Communications Commission's (FCC's) definition of "unsolicited advertisement" is binding on district courts! The outcome of this case will have a tremendous impact on past and future TCPA cases. For example, if the Court decides that FCC rulings are not - and never were! - binding, then this could trigger a flood of appeals. During this webinar, we will discuss potential effects of this pending case, as well as other open TCPA questions that have emerged in the last few months. 

The Federal Communications Commission (FCC) reports that - in addition to an increase in the number of consumer complaints - litigation filed under the Telephone Consumer Protection Act (TCPA) has surged by approximately 70% in recent years. Discover your financial institution's potential legal risks (and how to mitigate them) and compliance requirements as related to your customer contact policies. 

  • Purpose of the Act: The TCPA prohibits unsolicited advertising by: fax; automated recorded voicemails ("robo-calls"); advertising calls to mobile phones; solicitation to a customer on a "Do Not Call" list; and, (according to judicial rulings and a 2015 FCC Order) unsolicited text messages.

The FCC is actively registering consumer complaints and taking action to bar financial institutions from making unsolicited contact with customers. Opportunistic plaintiffs' attorneys are actively taking advantage of customer contact restrictions - 2,954 TCPA lawsuits were filed in the first nine (9) months of 2018! From small companies to banking giants like Bank of America and Wells Fargo, the financial industry has been rocked by multimillion-dollar lawsuits over the TCPA. 

For many financial institutions, the TCPA is not outlined in policies and procedures, rather it is adhered to informally. Because of the legal risk associated with the TCPA - including having to pay damages up to $1,500 per call - your institution needs to adopt a formal TCPA-related policy. Regardless of your current approach to TCPA compliance, now is the time to review, revise, and update your customer contact policies.  In addition, on the October 17, the FCC issued a Public Notice seeking further comment on what constitutes an "automatic telephone dialing system" (ATDS). This issue arose due to two U.S. Courts of Appeals' different interpretations of what defines an ATDS, specifically what the phrase "using a random or sequential number generator" means. Major questions the FCC seeks to answer are: Does any device with the capacity to dial stored numbers automatically constitute an ATDS? Do smartphones have such capacity? 

In this webinar, we will review problematic areas of TCPA guidelines, as well as the FCC's recent interpretations of the TCPA. By examining recent litigation related to unsolicited customer communications, you will better understand your institution's potential legal risk. We will discuss recent developments in the FCC's complaint process, so you can prepare to meet this compliance burden in 2019 and beyond.

 After you attend this webinar, you will be prepared to maintain better communications with customers, while simultaneously avoiding costly class actions and other TCPA-related litigation. 


  • Background - Why was the TCPA enacted?
  • Scope of TCPA 
  • What types of communications are covered?How does the FCC handle different types of telephone communications, e.g., the different guidelines for marketing calls vs. informational calls?How does the law distinguish communications to residential vs. mobile numbers
  • Communication and consumer consent 
    • What qualifies as consent?
    • When is prior consent required?
    • How can consumers revoke consent?
    • How should you manage revocations of consent?
  • Prohibitions - What constitutes a TCPA violation?
  • Damages - What monetary damages are available to litigants?
  • FCC role - How does the FCC serve as both an interpreter and enforcer of the statute?
  • Recent litigation and regulatory trends 
    • FCC rulings - How Do Such Rulings Impact Financial Institutions?
    • FCC Public Notice (October 2018) - Definition of Automatic Telephone Dialing System
    • Pending lawsuits - What cases could affect your customer communications in 2019?
    • Florida - $5M class action re: automatic dialing system used to send spam text messages advertising services
    • Expected regulations - What TCPA-related administrative or legislative actions should you expect in the near future?
  • Best practices for:
  • Obtaining and verifying consent
  • Protecting your institution against calling a reassigned number
  • Maintaining better communications with customers
  • Adopting a formal Tcpa-related policy
  • Tracking pending TCPA litigation
  • Expedient revision of customer contact policies following new rulings or regulations

LEARNING OBJECTIVES After attending this webinar, you will be able to discuss the following areas with respect to customer communications:

  • Telephone Consumer Protection Act guidelines and major compliance obligations
  • Penalties for noncompliance
  • Litigation risks related to unsolicited customer contact
  • Recent FCC interpretations
  • Practical tips for avoiding TCPA claims - Reduce your institution's risk!

WHO SHOULD ATTEND?  The following personnel will benefit from this critical and important training session:

  • Financial institutions/other lending and fintech companies
  • In-house legal and compliance executives
  • C-suite executives
  • Chief marketing officers/ executive sales department heads
  • Marketing department staff
  • Collections officers
  • Compliance officers
  • Auditors and audit staff


Carly Souther

Carly Souther is General Counsel and COO at iTrain OnDemand (iTod), where she provides guidance on legal and compliance issues for clients in the U.S. financial industry. She formerly served as Chief of Regulation at ECigIntelligence and was the Assistant General Counsel at Florida's Agency for Health Care Administration. Carly has published on a wide range of issues in both legal and medical journals, including the Georgetown Journal on Poverty Law & Policy and the University of Iowa's Transnational Law & Contemporary Problems. She is a member of the Florida Bar, and holds an M.A. from the Universitat Autònoma de Barcelona; a J.D. from the Florida State University College of Law; and a B.A. from Mercer University.

Course curriculum

  • 1


    • TCPA in 2019: Risks, Rules, & Regulation

  • 2


    • Slides

    • FCC Junk Faxes Order

    • FCC Request for Comment

    • FCC Lyft Prerecorded Messages

    • FCC PayPal Consent

    • Attendance Sheet

    • Questions and Answers