With its low pleading hurdles and high, uncapped statutory damages, the FTSA has quickly become the favored statute for the class action plaintiff’s bar since the statute was amended to allow for a private right of action in July 2021. Hundreds of class actions have been filed since then, often alleging the receipt of autodialed telemarketing calls and marketing text messages without the requisite level of “prior express written consent.” Several FTSA cases have recently settled on class bases in the millions of dollars. Plaintiffs often assert that the FTSA was designed to fill the purported void created by the Supreme Court’s April 2021 decision narrowly interpreting the federal Telephone Consumer Protection Act’s (TCPA) autodialer provision. Yet, the FTSA preceded the TCPA by a year and, in fact, Florida has had an autodialer statute on the books since the late 1970s.
In this presentation, attendees will learn the history underlying the FTSA; what the FTSA requires in order to communicate with current and prospective customers in a compliant manner; how to avoid (or minimize) attracting an FTSA lawsuit, and some strategic litigation considerations if and when your client finds itself named as a defendant in one.
In this riveting update to her original program, Executive Director of Lawyers Concerned for Lawyers...
Substance use disorders and mental health challenges can affect any attorney regardless of gender, c...
Intangible assets make up 84 percent of the value of the S&P 500, up from 17 percent in 1975. Wi...
This session focuses on the critical elements of drafting comprehensive operating agreements for LLC...
This session provides a foundational understanding of the rules and regulations governing ACH (Autom...
Today’s threats to trademark distinctiveness are emerging from unexpected fronts: AI systems t...
This session will provide an in-depth exploration of the legal doctrine of veil piercing as it appli...
In this seminar, we explore how attorneys can take command of difficult negotiations by blending str...
Session 6 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...
This session is designed to help compliance professionals and fintech partners better understand the...