TCPA COMPLIANCE: AVOIDING HIGH-DOLLAR CONSEQUENCES FOR UTILITIES

Transcription

1 CONFERENCE TCPA COMPLIANCE: AVOIDING HIGH-DOLLAR CONSEQUENCES FOR UTILITIES November 14-15, 2016 Hilton Garden Inn Denver Tech Center Denver, CO SPONSORS EUCI is authorized by IACET to offer 1.0 CEUs for the conference.

2 OVERVIEW Similar to other industries (banking, healthcare, etc.), the energy industry views automated telephone calls and text messages as a current means of communication for a variety of reasons, such as notifying customers of energy-saving programs, unpaid balances, alternative billing arrangements or unplanned service outages. However, before utilizing automated calls or text messages, utilities need to be cognizant of the laws and regulations controlling their use. The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission s (FCC) TCPA rules impose significant restrictions on automated calls and text messages, including those sent by utilities. With high-dollar consequences and unique challenges for the energy industry, utilities need to have strong compliance procedures in place for communicating with customers. Even a seemingly innocuous and well-intentioned text message can have very expensive ramifications. The moment of clarity for utilities was the 2013 class action lawsuit for $100 million, Grant v. Commonwealth Edison Co., over a simple text entitled You are now subscribed to ComEd outage alerts... Although that case settled for $5 million, plaintiffs are continuing to pursue individual and class action TCPA lawsuits. It is clearly big business, with TCPA litigation growing by 560% between 2010 and At EUCI s TCPA Compliance Conference, attendees will hear from utilities, legal professionals, industry experts, and researchers as they share ideas and solutions for utility compliance, as well as the challenges on the horizon. This event will provide the opportunity for utility counsel, credit, communications, and customer service professionals to learn the key compliance tools and operational practices to help avoid multi-million dollar TCPA lawsuits. LEARNING OUTCOMES Review what utilities need to know and implement in order to be TCPA compliant Discuss programs and processes that enable utilities to avoid lawsuits Explain details about the 2015 FCC TCPA decision and the recent utility sector ruling Discuss consent management, verifying phone ownership, the FCC s risk mitigation suggestions and additional factors that utilities need to consider Explain how compliance can ameliorate the outage communication process WHO SHOULD ATTEND Individuals working in the following areas will benefit from attending this event: Credit and collections Utility executives Compliance professionals Lawyers Commissioners Commission staff Assistant & Associate counsels Corporate communications General counsel Revenue management Regulatory affairs managers Strategy and planning Call center operations Customer service and support PAGE 2

3 AGENDA MONDAY, NOVEMBER 14, :00 8:30 am Registration & Continental Breakfast 8:30 8:45 am Opening Remarks 8:45 9:45 am TCPA: Recent Developments and Key Compliance Challenges for Utilities In this opening session, Mark W. Brennan from Hogan Lovells US LLP will share his insights on the TCPA, as well as FCC and FTC policy and enforcement. Mr. Brennan will provide an overview of the TCPA and provide the audience with actionable compliance strategies. The following topics will be covered: Discuss the TCPA s key requirements Provide details about the 2015 FCC TCPA decision and the recent utility sector ruling Explain customer contact vs. marketing vs. emergency calls Analytics and texting Offer strategies to help protect against class action lawsuits and regulatory enforcement actions Mark W. Brennan, Partner, Hogan Lovells US, LLP 9:45 10:30 am Robocalls & Utilities: Considerations for complying with the TCPA This session will review the Telephone Consumer Protection Act (TCPA) and recent Federal Communications Commission (FCC) Orders affecting the utility industry. We will also discuss recent trends, and what areas of uncertainty remain like reassigned cellphone numbers. In addition, what considerations to make when asking a customer for consent to receive calls will be covered. Nick Pascale, Assistant General Counsel, National Rural Electric Cooperative Association, NRECA 10:30 11:00 am Networking Break 11:00 am 12:15 pm Utility Perspectives on TCPA This session takes look at TCPA compliance from the perspective of utilities. Each panelist will provide a brief overview of their operational practices in place to help them maintain compliancy. This interactive panel will respond to inquiries from the moderator and audience on how they and other utilities can avoid expensive lawsuits when communicating with customers. Moderator: Nick Pascale, Assistant General Counsel, NRECA Panelists: Andrea Stone, Attorney, Pinnacle West/Arizona Public Service Amy Watson, Attorney, Intermountain Rural Electric Association, IREA 12:15 1:15 pm Group Luncheon 1:15 4:45 pm Strategies for Mitigating Different Types of TCPA Risks TCPA lawsuits are on the rise and utilities need to understand TCPA compliance and risks. Utilities need to know how to mitigate the risks, whether it s reassigned phones, consent, communication content (marketing vs collections vs informational vs emergency), type of communication (text vs auto-dial vs manual), etc. In this session, several industry experts will provide presentations sharing their thoughts and solutions about TCPA (what it is, what it means, the key issues to be addressed, etc.). Chris Clark, Director of Risk and Compliance, Neustar Steve Kusic, CEO, National Recovery Agency Rob Gilpin, National Sales Director, KUBRA/iFactor Vendor Panel Discussion In this interactive panel discussion, the experts will respond to inquiries from the moderator and audience on understanding consent, consent management, verifying phone ownership, the FCC s risk mitigation suggestions and additional factors that utilities need to consider. The panelists will discuss the necessary requirements and challenges for utilities as it pertains to being compliant. Moderator: Mark Brennan, Partner, Hogan Lovells US, LLP PAGE 3

4 AGENDA MONDAY, NOVEMBER 14, 2016 (CONTINUED) 4:45 5:45 pm Networking Reception TUESDAY, NOVEMBER 15, :00 8:30 am Continental Breakfast Panelists: Chris Clark, Director of Risk and Compliance, Neustar Steve Kusic, CEO, National Recovery Agency Rob Gilpin, National Sales Director, KUBRA/iFactor 8:30 9:15 am TCPA Call Requirements Honoring Preferences While Communicating Effectively The FCC imposed TCPA rules that allow customers to more clearly define how they want to be contacted with automated texts and calls. For a telecommunications company such as AT&T, it was important that we could clearly define to our customers how their choices affected their communications, and give them those choices in a clear manner. We also needed to ensure we navigated all the steps to inventory the transactional messages and ensure the accuracy and timeliness of the data. In this session, the focus will be on the digital online space including how to bring consistency with other touch points, such as customer care and retail locations, to ensure we are honoring their preferences. Lisa Willis, Lead Compliance Analyst, AT&T 9:15 10:00 am The Edison Electric Institute s Petition Paper With the addition of smart grid technology, there is a need to educate customers about demand response and energy efficiency programs, and at the urging of state regulatory commissions and consumer groups, utilities were making much more extensive use of prerecorded communications to contact customers. As a result of this The Edison Electric Institute (EEI), has sought clarification from both the FCC and the courts on behalf of electric utilities. The EEI filed a petition with the FCC arguing that electric utilities should receive exemptions under the TCPA for certain communications. Aryeh Fishman will provide an update on EEI s position paper and where it stands. Aryeh Fishman, Associate General Counsel, Edison Electric Institute, EEI 10:00 10:30 am Networking Break 10:30 11:15 am Outage Communications and TCPA: Friends or Foes Outages can cause contact center volumes to skyrocket. Customers call to report the outage, send s to find out what the estimated time of restoration will be, and continually refresh the utility s mobile site to see impacted areas. However, the Telephone Consumer Protection Act (TCPA) limits our ability to engage in outbound communications during these events. Learn how compliance with TCPA regulations can ameliorate the outage communication process and create more-satisfied customers. Jeffrey Daigle, Senior Research Analyst- Customer Experience Practice, E Source 11:15 am 12:00 pm The Office of the Attorney General on TCPA Under the TCPA, state attorneys general are empowered to enforce violations against their state s consumers. Over the years, state attorneys general have initiated a number of cases to address fraudulent telemarketing across various industries. In this session, Jennifer Anderson with the Colorado Attorney General s Office will share her thoughts on what utilities can do to stay TCPA compliant. Ms. Anderson will draw on her relevant experience of practicing water and utility law at large regional law firms. Jennifer M. Anderson, Director of Legislative Affairs, Colorado Attorney General s Office (invited) 12:00 pm Conference Adjourns PAGE 4

5 INSTRUCTIONAL METHODS This program will include case studies, panel discussions and PowerPoint presentations. REQUIREMENTS FOR SUCCESSFUL COMPLETION Participants must sign in/out each day and be in attendance for the entirety of the conference to be eligible for continuing education credit. IACET CREDITS EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, EUCI has demonstrated that it complies with the AN-SI/ IACET Standard which is recognized internationally as a standard of good practice. As a result of their Au-thorized Provider status, EUCI is authorized to offer IACET CEUs for its progr ams that qualify under the AN-SI/IACET Standard. EUCI is authorized by IACET to offer 1.0 CEUs for the conference. PROCEEDINGS A copy of the conference proceedings will be distributed to attendees at the event. EVENT LOCATION A room block has been reserved at the Hilton Garden Inn Denver Tech Center, 7675 E. Union Ave, Denver, CO 80237, for the nights of November 13-14, Room rates are $159, plus applicable tax. Call for reservations and mention the EUCI event to get the group rate. The cutoff date to receive the group rate is October 23, 2016 but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. REGISTER 3, SEND THE 4TH FREE Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the s ame time to qualify. SPONSORSHIP OPPORTUNITIES Do you want to drive new business through this event s powerful audience? Becoming a sponsor or exhibitor is an excellent opportunity to raise your profile before a manageably sized group of executives who make the key purchasing decisions for their businesses. There is a wide range of sponsorship opportunities available that can be customized to fit your budget and marketing objectives, including: Platinum, gold, or VIP sponsor, Reception host, Networking break host, Tabletop exhibit, Workshop sponsor, Lanyard sponsor, Luncheon host and Breakfast host. Please contact Grant Neptune at or gneptune@euci.com for more information. PAGE 5

6 PLEASE SELECT Please make checks payable to: PMA" EVENT LOCATION A room block has been reserved at the Hilton Garden Inn Denver Tech Center, 7675 E. Union Ave, Denver, CO 80237, for the nights of November 13-14, Room rates are $159, plus applicable tax. Call for reservations and mention the EUCI event to get the group rate. The cutoff date to receive the group rate is October 23, 2016 but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. TCPA COMPLIANCE: AVOIDING HIGH-DOLLAR CONSEQUENCES FOR UTILITIES CONFERENCE November 14-15, 2016: US $1395 Early bird on or before October 28, 2016: US $1195 I'm sorry I cannot attend, but please me a link to the conference proceedings for US $295 How did you hear about this event? (direct , colleague, speaker(s), etc.) Print N ame Job Title Company What n ame do you prefer on your n ame badge? Address City State/Province Zip/Postal Code Country Phone List any dietary or accessibility needs here CREDIT CARD INFORMATION N ame on Card Account Number Billing Address Billing City Billing State Billing Zip Code/Postal Code Exp. Date OR Enclosed is a check for $ to cover registrations. Security Code (last 3 digits on the back of Visa and MC or 4 digits on front of amex) Substitutions & Cancellations Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before October 14, 2016 in order to be refunded and will be subject to a US $ processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCI s liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our our offices offices at at (201) PAGE 6