Partner Nick Whisler

“What I enjoy most about my practice is working hand-in-hand with a wide range of professionals to help them achieve business objectives and mitigate risks. To be a trusted partner to so many great companies and people is deeply rewarding.”

Phone: (614) 939-9955
Fax: (614) 939-9954

Nick focuses his practice on helping clients understand and comply with federal and state telemarketing, advertising, privacy and other consumer protection laws and regulations. He regularly works with in-house counsel, compliance professionals, executive leadership, and marketing and sales personnel to identify and mitigate internal and external sources of regulatory compliance risks. This includes working with clients in all verticals to create and implement compliance programs, conduct regulatory compliance audits, resolve complex compliance issues, and provide guidance in the form of legal opinions and fifty state surveys.

An influential voice on regulatory compliance matters, Nick frequently speaks at industry conferences and has been called upon to advocate before federal and state regulatory agencies. In particular, he brings a significant depth of experience related to Telephone Consumer Protection Act (TCPA) compliance and has written and presented extensively on its complex set of regulations and interpretations.

Nick serves as Associate General Counsel to the Professional Association for Customer Engagement (PACE) and is a member of the IAPP. He is both CIPP/US and CECP certified. Previously, he served as Legislative Chair on the PACE Ohio Valley Chapter Board of Directors.

Representative Experience

  • Conducted a privacy assessment and compliance training for an automobile manufacturer.
  • Conducted an enterprise-wide teleservices compliance assessment for a multinational healthcare company.
  • Created and implemented a comprehensive regulatory compliance and vendor due diligence program for a national home security provider.
  • Drafted corporate text message policy and conducted a 50 state telemarketing survey for a Fortune 100 insurer.
  • Conducted comprehensive telemarketing compliance assessment for a national home services provider and its local branches.
  • Conducted marketing and privacy training for national publisher of children’s magazines and books.
  • Drafted numerous legal opinions covering various aspects of regulatory compliance, including applicability of the TCPA to clients’ telephone systems and text message platforms.
  • Compiled 50 state surveys for clients in varied industries, covering regulatory practices and matters related to telemarketing, privacy, data breach, debt collection, and other consumer protection laws.
  • Filed petitions and comments with the FTC, FCC and CFPB on behalf of trade association and corporate clients.
  • Engaged by private equity management firm to conduct regulatory compliance due diligence on investment targets.
  • Provide ongoing regulatory compliance services to sellers, contact centers, and vendors.

On the Blog

TCPA Monitor

California District Court Opinion Poses Problems for TCPA Consent

On September 25th, the Central District of California adopted a narrow view of prior express consent under the TCPA.  The case, Trenz v. On-Line Administrators, Inc., involved autodialed vehicle service reminder calls made on behalf of auto dealers.  Although the reminders were arguably marketing calls, the named plaintiffs received calls before the TCPA’s written consent [...]

Read More »