Robocalls, Robotexts, and Consumer Consent Under the TCPA: Practical Steps for Compliance, Mitigating Legal Risks

Ms. Zielinski's practice focuses on class action litigation, complex commercial litigation, and compliance counseling. Her substantive areas of concentration include the antitrust laws and consumer protection statutes such as the Telephone Consumer Protection Act (TCPA). Ms. Zielinski regularly counsels clients on a wide variety of antitrust issues, including competitor interactions, competitor collaborations, resale price maintenance, minimum advertised pricing, tying, group boycotts, benchmarking, competitive information exchanges, non-compete agreements, exclusive dealing, reciprocal dealing, below-cost pricing, discounting practices, price discrimination, unfair competition, and deceptive practices. She has assisted companies with internal investigations and audits to assess compliance with the antitrust and corruption laws. Ms. Zielinski has helped companies implement compliance policies and launch training programs to reduce antitrust and corruption risk. She has given speeches and training presentations on antitrust compliance and recent developments under the antitrust laws.

Ms. Kohlstrand provides both strategic defense and compliance advice related to all aspects of consumer privacy, with a particular focus on the Telephone Consumer Protection Act (TCPA). She defends clients in a broad range of industries against class actions, complex commercial litigation matters, and arbitrations involving a variety of state and federal laws. Ms. Kohlstrand also assists corporations in responding to regulatory inquiries. In addition, she advises clients on matters related to data privacy and cybersecurity, including new product development, contract negotiations, mergers and acquisitions, data sharing and retention, policy drafting and implementation, the DSAR process, data breaches, and data breach and consumer class action litigation. With background as both a law firm attorney and in-house counsel, Ms. Kohlstrand has significant experience with various privacy and data protection requirements, including GDPR, CCPA/CPRA, GLBA, TCPA, FACTA/FCRA, HIPAA, NYDFS Reg. 500, PCI-DSS, BIPA, and other global, federal and state privacy laws and regulations, balancing risk and business needs. She regularly advises corporations and individuals on managing data breaches and regulatory inquiries, the design and implementation of privacy programs, employee cybersecurity training, data breach and consumer class action litigation (TCPA and BIPA), and compliance with state, federal and international privacy laws and regulations.