Consent Counts -- With Steven L. Rozenfeld

Consent is the foundation upon which modern marketing, telecommunications, and digital commerce are built. However, obtaining valid consent has never been more complex. From the evolving requirements of the Telephone Consumer Protection Act (TCPA) to state-specific contract formation rules and the proliferating spectrum of online agreement formats, businesses face a fragmented and increasingly litigious landscape. This presentation examines what forms of consent work, what they work for, and why they work. Further, the presentation will explore the key elements of enforceable consent, including assent, notice, and recordability, and how those principles apply across digital environments such as clickwrap, browsewrap, and other consent flows. Included in the program will be an analysis of emerging litigation trends, as well as the famous Queenie’s 10.

In addition to legal analysis, the session includes an interactive consent workshop designed to help participants identify practical risk points in common consent flows and develop defensible consent strategies, including methods for recording, and validating consent.

Finally, the presentation looks towards the future of consent. As digital identity tools evolve, organizations may rely on new mechanisms to capture and authenticate consent, ranging from biometric verification to AI-enabled authentication. The session will explore how these technologies could reshape consent evidence while raising new legal and compliance considerations.

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