The TCPA and AI Voice Technology: Emerging Liability, Class Actions, and Defense Strategies (On-Demand)

Course Description

In this session, take a deep dive into the key strategies for successfully defending a TCPA class action lawsuit. Learn the critical steps to take from the outset of litigation and how to position your defense to challenge liability and class certification. This session will provide practical guidance on what to do and what to avoid when navigating the complex TCPA.

Principles

• Understanding TCPA Liability and Emerging Litigation Risks Understand the Telephone Consumer Protection Act (TCPA), common theories of liability, and evolving litigation trends involving automated calls, text messages, AI-generated voices, and dialing technologies.
• Developing an Effective Early-Stage Defense Strategy Evaluate complaints promptly, identify potential defenses, preserve relevant evidence, conduct an early factual investigation, and avoid procedural or strategic missteps that may weaken the defense.
• Challenging Liability Through Consent, Revocation, and Technical Evidence Assess consent and revocation issues, examine call and text records, and evaluate dialing systems and AI voice technologies to develop factual and legal defenses to individual and class-wide claims.
• Defeating or Narrowing Class Certification Identify weaknesses in proposed class definitions and challenge the requirements for class certification, including commonality, typicality, predominance, and superiority. Develop evidence of individualized issues that may undermine the plaintiff’s ability to establish class-wide liability.
• Building a Strong Evidentiary Record and Managing Litigation Strategically Use targeted discovery, expert analysis, technical evidence, and dispositive motion practice to strengthen the defense. Evaluate settlement opportunities against the risks, costs, and potential exposure of continued litigation.

Syllabus

1. Understanding the TCPA Class Action Landscape
   • Overview of the Telephone Consumer Protection Act and key litigation risks
   • Common theories of liability and sources of exposure
   • Current trends shaping TCPA class actions
2. Early-Stage Defense Strategy
   • Critical steps to take at the outset of litigation
   • Evaluating the complaint and identifying potential defenses
   • Preserving evidence and conducting an early factual investigation
   • Avoiding common early-stage mistakes
3. Challenging TCPA Liability
   • Developing defenses to individual and class-wide liability
   • Addressing consent, revocation, and other key TCPA issues
   • Evaluating dialing technology, communications, and call/text records
   • Using factual and legal defenses to narrow or defeat claims
4. Defending Against Class Certification
   • Understanding the requirements for TCPA class certification
   • Identifying weaknesses in proposed class definitions
   • Challenging commonality, typicality, predominance, and superiority
   • Developing individualized issues that may defeat certification
5. Discovery and Building the Defense Record
   • Strategic discovery considerations in TCPA class actions
   • Developing the evidentiary record for dispositive and certification motions
   • Managing experts, data, and technical evidence
   • Leveraging plaintiff-side discovery to strengthen the defense
6. What to Do—and What to Avoid
   • Practical best practices for navigating TCPA litigation
   • Common defense missteps and how to avoid them
   • Strategic considerations for settlement versus continued litigation
   • Key takeaways for successfully navigating the “TCPAWorld”