TCPA lawsuits are on the rise. An aggressive plaintiffs’ bar, increased use of mobile phones, combined with the prospect of strict liability under the statute, has led to a recent proliferation of TCPA lawsuits. Capitalizing on the statute’s vicarious liability provision, plaintiffs’ counsel are growing increasingly creative, alleging liability of businesses that do not themselves telemarket for the actions of third-party telemarketers and other vendors. Faced with the prospect of penalties of $500 to $1,500 per call, defendants are clamoring to settle and have been forced to do so for as much as $75 million to avoid billions in potential liability. This session will focus on recent trends and developments in TCPA theories of liability, including the FCC’s interpretations of the TCPA, and will review compliance practices and good vetting practices for businesses like marketing research companies who either telemarket or hire agents to telemarket on their behalf.