6th Circ. Defers To FCC In Clear Channel Telemarketing Suit

Law360, New York (September 7, 2012, 4:42 PM EDT) -- The Sixth Circuit on Thursday refused to revive a putative class action accusing Clear Channel Broadcasting Inc. of unlawfully placing prerecorded calls promoting one of its radio stations, ruling that the Federal Communications Commission had the authority to exempt these calls from regulation.

In affirming the lower court's dismissal of the suit — which alleged Clear Channel wrongly made prerecorded calls promoting its station 106.7 Lite FM's offerings and call-in contest — a three-judge panel found that in enacting the Telephone Consumer Protection Act, Congress expressly...
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