FCC Ruling Provides TCPA Guidance For Courts

Law360, New York (May 14, 2013, 12:50 PM EDT) -- One of the most frequently litigated issues in Telephone Consumer Protection Act cases is whether a defendant can be held liable for violations of the TCPA committed by another person. On May 9, 2013, the Federal Communications Commission issued its declaratory ruling on petitions filed by Philip Charvat and Dish Network LLP, holding that the ordinary principles of agency set forth in the “federal common law” apply to alleged violations of both 47 U.S.C. § 227(b) and 227(c). The ruling is significant because it confirms that...
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