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Who should attend Litigating Claims Governing Telemarketing Calls And The Transmission Of Advertisements By Fax And E-Mail
This CLE-accredited seminar is designed for attorneys in private practice and in-house counsel who are guiding businesses in their compliance with the laws restricting the nature of electronic solicitations, as well as attorneys who are prosecuting or defending claims arising under these laws.
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Litigating Claims Governing Telemarketing Calls And The Transmission Of Advertisements By Fax And E-Mail  

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This CLE-accredited seminar is designed for attorneys in private practice and in-house counsel who are guiding businesses in their compliance with the laws restricting the nature of electronic solicitations, as well as attorneys who are prosecuting or defending claims arising under these laws.

Cost:   

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Seminar Summary:

This seminar will cover such topics as the Telephone Consumer Protection Act of 1991, telemarketers' rights and obligations, and much more. (see full course description)

 
 

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Training Course Syllabus:


This CLE-accredited seminar is designed for attorneys in private practice and in-house counsel who are guiding businesses in their compliance with the laws restricting the nature of electronic solicitations, as well as attorneys who are prosecuting or defending claims arising under these laws.

9:00 a.m. - 9:10 a.m.

I. Introduction Of Speakers And Credentials: Overview Of Seminar's Goals And Format To Be Followed

9:10 a.m. - 10:30 a.m.

II. Introduction To The Telephone Consumer Protection Act Of 1991, 47 U.S.C. §227, Et Seq.

A. Private v. Public Rights Of Action

B. What Types Of Calls And Callers Are Covered

C. Pre-Recorded Voice Message Calls

D. 'Live' Calls

E. Faxes

F. Statutory Damages

10:30 a.m. - 10:45 a.m.

Break

10:45 a.m. - 11:15 a.m.

III. Telemarketers' Rights And Obligations With Respect To The National 'Do Not Call Registry'

A. Overview: The National 'Do Not Call Registry'

B. Pre-Emption Issues

C. Record-Keeping Requirements

D. Narrow Exception For Non-Profit Organizations

E. 'Good Faith' Safe Harbor

F. Annual Notice Requirement/Common Carriers

G. Caller-Specific 'Do Not Call' Lists

11:15 a.m. - 12:00 p.m.

IV. Communications Excluded From The Telephone Consumer Protection Act

A. Emergency Communications

B. Non-Commercial Communications

C. Commercial Communications

D. Communications By Non-Profit/Tax Exempt Organizations

E. Communications Arising Out Of An Established Personal Or Business Relationship

F. Communications Based Upon Prior Express Permission

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:30 p.m.

V. Defending And Litigating Claims Arising Under The Telephone Consumer Protection Act

A. Plaintiff's Strategies

1. Discovery Objectives And Strategies

2. Motion Practice

B. Defendant's Strategies

1. Discovery Objectives And Strategies

2. Motion Practice

C. Settlement Considerations

2:30 p.m. - 2:45 p.m.

Break

2:45 p.m. - 3:30 p.m.

VI. Introduction To The Ohio Telephone Sales Solicitation Act, R.C. §4719.01, Et Seq.; The Ohio Anti-'Spam' Law,

R.C. §2307.64, And Federal Anti- 'Spam' Law, 15 U.S.C. §7701, Et Seq.

A. Coverage And Application

B. Prohibitions

C. Damages And Other Remedies Available

D. Private Causes Of Action Under Ohio Law

1. The Ohio Telephone Sales Solicitation Act

2. Ohio's Anti-'Spam' Law, R.C. §2307.64

E. Limitations Of Federal Anti-'Spam' Law

3:30 p.m. - 4:00 p.m.

VII. Defending And Litigating Claims Arising Under The Ohio Consumer Sales Practices Act, R.C. §1345.02, Et Seq.

A. Prohibited Unfair And/Or Deceptive Practices

B. The Relevance And Use Of 'Public Information Files'

C. Important Provisions Of The Ohio Administrative Code

D. Damages And Other Remedies Available

E. Plaintiff's Strategies

1. Discovery Objectives And Strategies

2. Motion Practice

F. Defendant's Strategies

1. Discovery Objectives And Strategies

2. Motion Practice

G. Settlement Considerations

4:00 p.m. - 4:30 p.m.

VIII. Panel Discussion, And Question And Answer Session

Seminar Summary:

This seminar will cover such topics as the Telephone Consumer Protection Act of 1991, telemarketers' rights and obligations, and much more. (see full course description)

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