Top 10 TCPA Violations: Prevention And Defenses
|Date / Time:
This webinar will address the most common violations of the Telephone Consumer Protection Act (TCPA) committed by debt collectors, law firms and lending institutions who use an automatic telephone dialing system or prerecorded or artificial voice to place calls to cellular telephones.
We will also provide an overview and update on the state of TCPA litigation with a focus on recent interpretations of the TCPA, which have significantly affected the industries covered by this statute's breadth.
This refresher on the TCPA with a focus on the most common violations will assist you in dealing with TCPA and help you ensure that your business practices are in compliance with the law.
TCPA – Who Is Affected and How?
Ten Most Common TCPA ViolationsPrevention and Defenses (Including Operational Procedures and Policies to Implement in Your Business to Avoid Violations of the TCPA, and Defenses Against Class Certification)About The Presenters
- Collection Agencies, Lending Institutions, and Telemarketers,etc. – Any Person Using an Automatic Telephone Dialing System ("ATDS") or Prerecorded or Artificial Voice
- ATDS Users Are Exposed to Strict Liability on Individual and Class Claims
- Minimum Statutory Damages of $500 per Violation and up to Treble Damages When Violations Are Willful and Knowing
Concepcion A. Montoya
- Partner in the Miami office of Hinshaw & Culbertson LLP and a member of the firm’s Consumer and Class Action Litigation Practice Group
- A litigator who focuses much of her practice in the area of consumer and class action litigation
- Has prevailed on a number of dispositive motions in federal and state court which she prepared and argued
- In the consumer and class action litigation arena, she frequently defends against individual and class action claims arising from the application of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Truth-in-Lending Act (TILA), and state consumer protection laws
- Was selected as one of South Florida Business Journal’s 40 Under 40, which recognizes South Florida’s brightest up-and-coming professionals under 40 years of age for their professional success and community involvement
- J.D. degree, University of Miami; B.A. degree, cum laude, Florida International University
- Partner with Hinshaw & Culbertson LLP
- Brings nearly 15 years of trial and litigation experience to her practice, specifically consumer defense and employment law
- Widely recognized for successful strategies that resolve litigation disputes involving consumer defense claims and employment law
- Has designed and conducted training workshops for clients in the consumer lending industry regarding compliance with the FDCPA, FCRA, and TCPA and regulations promulgated by the Consumer Federal Protection Bureau (CFPB)
- Was awarded Legal Rookie of the Year 2000 to 2001, for demonstration of outstanding performance, promise, dedication, a solid work ethic, constructive attitude, and willingness to contribute to a positive work environment
- In 2004, received the Municipal Affairs Award for outstanding achievement in the New York City Law Department, from the Municipal Affairs Committee of the Association of the Bar of the City of New York
- J.D. degree, Brooklyn Law School; B.A. degree, New York University
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