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 companies that do not exercise undue levels of control over their telemarketers or their call centers will not be held liable when those third parties violate the TCPA....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!