FCC's Attempt To Expand TCPA Is Wrong

Law360, New York (October 26, 2012, 12:32 PM EDT) -- The Federal Communications Commission is preparing to issue a critical ruling regarding the scope of the Telephone Consumer Protection Act, 47 U.S.C. § 227. By way of this ruling, the FCC will likely attempt to impose strict liability for a breach of the TCPA’s automated telephone equipment restrictions on companies for whom telemarketers make telephone calls. In other words, the FCC will likely seek to hold companies strictly liable for the actions of their hired third-party telemarketers. That decision, if reached, will be wrong. Defense counsel...
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