TCPA & DNC Expert Witness

TCPA & DNC Expert Witness

Why It's Important

As the number of plaintiffs filing complaints and TCPA lawsuits continues to increase, an expert witness can be an essential piece in the success of the litigation. The expert can be used to help investigate, understand, and articulate the technical and industry standard issues relevant to the case. However, finding a credible expert with the appropriate background, expertise, and credentials can be difficult.

How We Can Help

CompliancePoint has served as an expert witness in dozens of federal and state litigation matters including class actions.

Our expert witness services can be utilized to help litigants or their law firms:

  • Articulate and validate evidence of compliant processes
  • Address possible rebuttals of opposing expert opinions
  • Determine the Do Not Call or wireless status of phone numbers at the time of dial
  • Evaluate whether the dialing system at issue constitutes an ATDS under the TCPA
  • Determine whether the users/subscribers of mobile numbers are ascertainable
  • Evaluate policies and procedures relative to industry standards of due diligence
  • Assist the legal team to understand operational compliance norms in the industry

CompliancePoint's expert witness, Ken Sponsler, has expertise in all matters related to the FCC's Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule (TSR) and all state compliance requirements. He has been recognized as an expert in US Federal District Court. CompliancePoint's expert witness, John Taylor, has expertise in all matters related to the historical analysis of dialing data.

Get a complimentary 30 minute consultation with an expert

Finding a credible expert with the appropriate background, expertise, and credentials can be difficult.

Ken Sponsler, CIPP/US, CECP

Expert Recognized in US Federal District Court

Ken Sponsler, Vice President and General Manager of CompliancePoint’s Direct Marketing practice group, has amassed years of practical experience in legal and operational direct marketing compliance. He provides compliance consulting services for telemarketing, email, mail, fax, SMS/text communications, and debt collection matters. Ken has expertise in all matters related to the FCC's Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule (TSR), and all state compliance requirements and has been recognized as an expert in US Federal District Court. Ken has been retained as an expert witness in very large civil actions and has crafted numerous expert reports as well as provided depositions and trial testimony.

Ken has performed dozens of corporate and contact center compliance gap analyses with some of the world's largest companies including several Fortune 500 firms and has provided policy, procedure, and technology recommendations to close the gaps. He has also helped companies and their third party service providers develop mutually supportive compliance policies and procedures as well as monitoring and enforcement mechanisms. Additionally, Ken has performed numerous dialer platform analyses and rendered opinions regarding whether the system is an automatic telephone dialing system (ATDS) under the definition of the FCC’s TCPA.

  • Ken's expertise includes:
  • Cell phone/wireless calling
  • Telemarketing & Do Not Call
  • Text messages
  • Call center operations
  • Autodialer operations
  • Wireless number identification
  • Ascertain-ability of historical mobile telephone subscribers & users
  • Industry standards of care
  • Compliance due diligence methodologies
  • Reasonableness of compliance monitoring & enforcement procedure

Ken is also an expert in the field of forensic or “post call” data analysis. His work in this area involves the analysis of volumes of dialer records to determine if any of these calls could be potential Do Not Call (DNC) violations. The analysis is able to determine the DNC and/or Wireless status at the time of dial of any number at any point in time since 2003. This analysis can also apply exemption criteria such as established business relationships and allowable grace periods to the output.

Ken's consulting practice includes seller/service provider relations, contracting, recordkeeping, training, monitoring and enforcement, etc. He has also provided consulting services to government and military organizations implementing U.S. Army modularity design and organizational changes.

A retired U.S. Army Command Sergeant Major, he concluded his career as the Senior Enlisted Leader of the 3rd Infantry Division, leading a 23,400 man elite combat team.

Registrations, Licenses & Certifications:

  • Certified Customer Engagement Compliance Professional (CECP) certification by the Professional Association of Customer Engagement (PACE)
  • Certified Information Privacy Professional (CIPP/US) by International Association of Privacy Professionals (IAPP)
  • Certified PACE Self-Regulatory Organization Auditor (PACE-SRO)
  • Certified Project Management Professional (PMP) by the Project Management Institute

Publications and Webinars (including CompliancePoint products):

  • Compliance Commentary published in the PossibleNOW’s monthly DNCSolution Newsletter
  • Strategies For Compliance With New TCPA Requirements, March 2012
  • Employment Placement Verification, February 2012
  • 2015 Compliance Legislation Review & 2015 Forecast, February 2016
  • Proven Audit & Business Process Techniques For Compliance, June 2011
  • Risk In Admissions & Financial Aid Practices, October 2010
  • What Impacts Will The TCPA Changes Have On Your Business?, Feb 2012

Business and Personal Awards & Honors:

  • Technovation Award, awarded by American Teleservices Association, 2010
  • Leadership Award, awarded by the Professional Association for Customer Engagement, 2014
  • Hewlett Packard Vendor of the Quarter Award (to CompliancePoint), 2007
  • 18 separate personal awards by the U.S. Army, including the Legion of Merit.

Memberships:

Professional Association for Customer Engagement

  • Member, National Board of Directors
  • Federal Legislative Committee Member
  • State legislative Committee Member
  • "Do Not Call" Implementation Committee Member
  • Compliance Officer’s Forum Member

International Association of Privacy Professionals

  • Consumer Marketing Working Group

Consulting Services Association

  • Teleservices Committee Member

Presentations and Colloquies:

Frequent speaker at industry events, including PACE Annual Convention; Consulting Services Association Teleservices Conference; College of Information Assurance Professional's Governance; Risk and Compliance Summit; Noble User's Conference, Frequent Compliance Focused Webinar Presentations.

"Through my work as an expert witness, I’ve had the opportunity to see firsthand the common issues surrounding TCPA violations."
- Ken Sponsler

John Taylor, PMP

Expert Recognized in US Federal District Court

Our expert witness services also include post call data analysis and interpretation of the results including Do Not Call (DNC), wireless identification at the time of dial and exemption and grace period applications. CompliancePoint's expert witness, John Taylor, has expertise in all matters related to the historical analysis of dialing data. John's expertise is in determining the historical status of telephone numbers on the date they were dialed according to the entity-specific/internal list, National DNC Registry, State-specific DNC List, the Wireless Block Identifier, and the Wireless Portability List. Once the DNC status of a call is determined, John is an expert in determining exemptions based on Established Business Relationship, grace period calling, call disposition analysis, and various forms of consent. John is an experienced database administrator and analyst who is capable of analyzing millions of call records in real time.

John's expertise includes:

  • Verifying evidence of consent;
  • Ascertaining the wireless status of a phone number ;
  • Verifying proper use of exemptions;
  • Ensuring dials occurred within the grace period;
  • Discovering periods or trends of high issue rates;
  • Identifying bad records; and
  • Finding duplicate records.

While John does the forensic analysis described above, he also manages monthly monitoring and enforcement programs for large corporations that monitor the status of each call their internal call centers and vendors. Combined he analyzes the status of more than ten million telephone records per month and has the capacity to analyze hundreds of millions of numbers when required. When requested, John prepares written summaries of the analysis conducted. He also prepares affidavits, declarations, expert reports, and rebuttals. John has been deposed as an expert witness in numerous federal class actions brought under the TCPA and provided trial testimony in federal court.

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