Ken Sponsler

CompliancePoint, Inc.
4400 River Green Parkway, Suite 100
Duluth , GA 30096
Mobile: 770-363-7149
Office: 770-363-7149

Introduction

Mr. Sponsler is CompliancePoint's Senior Vice President and expert in operational compliance matters relating to the TSR, TCPA as well as state telemarketing and DNC laws. CompliancePoint is retained by over six dozen firms including several on the Fortune 500 list. Mr. Sponsler's expertise relating to the TCPA includes calls/texts to mobile phones with an ATDS, seller/service provider due diligence and wireless data audit services. Mr. Sponsler has been retained as a consultant and/or an expert in numerous TCPA class actions. He has been recognized as an expert witness in U.S. federal court, has testified in trial court and other proceedings.


Areas of Expertise

  • Auditing
  • Call Centers
  • Class Actions
  • Contracts
  • Corporate Governance
  • International Marketing
  • Marketing
  • Risk Management
  • Sales
  • Telecommunications

Expert Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Customer Engagement Compliance Professional (CECP)
Certified Information Privacy Professional (CIPP/US) by International Association of Privacy Professionals (IAPP).
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Vice Chairman of the Executive Committee for the Professional Association of Customer Engagement (PACE, formerly the American Teleservices Association)., Self-Regulatory Organization Trustee, 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
Direct Marketing Association, Teleservices Committee Member
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: I have been asked to provide presentations and colloquies and am a frequent speaker on consumer contact compliance matters at industry events, including but not limited to: PACE Annual Convention and Washington Summit; Direct Marketing Association Teleservices Conference; College of Information Assurance Professional’s Governance; Risk and Compliance Summit; Noble User’s Conference, The Association of Private Sector Colleges and Universities Annual Conference (APSCU), The Customer Engagement Management (CEM), Conference, Dish Network’s Annual Retailer Conference, Campus Management Corporation (CMC) Annual Conference, Life Office Management Association (LOMA), Quarterly Compliance Focused Webinar Presentations.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No.
Q: On how many occasions have you been retained as an expert?
A: More than 70 to date.
Q: For what area(s) of expertise have you been retained as an expert?
A: TCPA class actions: Difficulty in establishing a class of persons who received calls/texts on their mobile devices. Wireless forensic data analysis to determine the state of a number at the time of dial. I have also been retained as a witness for defendant in federal DOJ case regarding Do Not Call and seller-retailer due diligence matters. I have been retained to provide expert reports regarding seller-service provider contracts, record keeping requirements and seller diligence to prevent misrepresentations by third parties they engage. I have been retained to provide testimony regarding the call center industry, I have also been retained to determine whether equipment used was an ATDS under the federal definitions.
Q: In what percentage of your cases were you retained by the plaintiff?
A: ~ 10%
Q: In what percentage of your cases were you retained by the defendant?
A: ~ 90%
Q: On how many occasions have you had your deposition taken?
A: 13 within the last four years.
Q: When was the last time you had your deposition taken?
A: January 2018.
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: None to this point.
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Three times.
Q: For how many years have you worked with the legal industry as an expert?
A: Approximately six years.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Expert reports, onsite audits/assessments, forensic data analysis relating to state of any telephone number at the time of dial.
Q: What is your hourly rate to consult with an attorney?
A: $500
Q: What is your hourly rate to review documents?
A: $500
Q: What is your hourly rate to provide deposition testimony?
A: $700
Q: What is your hourly rate to provide testimony at trial?
A: $1,000
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Actual travel expenses only + $200 per hour travel time in support of case-related travel. $100 per hour administrative support and regulatory research. No copy fees.

References

Available upon request.


Video

TCPA Damages Explanation of the vast amount of money and other damages a TCPA law suit can cost.
Issues surrounding TCPA violations. Issues surrounding TCPA violations.
TCPA Compliance Risks TCPA Compliance Risks