Compliance Issues for Texting Applicants (OnDemand Webinar)

$209.00

SKU: 407321EAU

Description

Understand the potential TCPA risk exposure associated with using text messages to communicate with job candidates.The Telephone Consumer Protection act (TCPA) is a favorite consumer protection statute amongst the plaintiffs’ bar given its relatively low pleading hurdles and high statutory damages (500 per text message in violation, possibly trebled to 1,500 if the violation is deemed to be knowing or willful). In 2019, juries awarded damages in the hundreds of millions of dollars and, in one case, damages that reached nearly a billion dollars. It is important for all staffing agencies, recruiters, and others who utilize text messaging to interact with candidates to understand the risks associated with this method of communication. This topic will provide recruiters, staffing agencies, and employers with an overview of the TCPA’s requirements, and offer up some best practices to contact candidates in a compliant manner. In particular, our panelists will explain the current court split with respect to what constitutes an autodialer under the TCPA what types of text messaging technologies likely would not be held to be an autodialer under any standard and address other TCPA issues that the staffing and jobplacement industry faces.

Date: 2020-08-25 Start Time: End Time:

Learning Objectives

Overview of the TCPA and Why You Should Care
• Why Use Text Messaging to Interact With Candidates
• TCPA Litigation Generally
• TCPA Litigation Involving Staffing Companies and Recruitment Text Messages

Prior Express Consent for Recruitment/Job Placement Text Messages
• What the TCPA Requires and the Different Levels of Consent Necessary
• How to Get Prior Express Consent
• Best Practices
• Documenting and Retaining Records of Consent and Revocation

Automatic Telephone Dialing Systems (ATDS) Under the TCPA
• Confusion and Differences Amongst Court Rulings
• Impact of ACA International vs. FCC on the ATDS Inquiry
• Current FCC ATDS Proceeding

TCPA Demand Letters
• Sources and Proliferation
• Response Strategies
• Case Studies

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Daniel S. Blynn-Venable LLP, Stephen R. Freeland – Venable LLP