DC Circ. Rejects Dish's Challenge To TCPA Guidance

Law360, Las Vegas (January 23, 2014, 8:14 PM EST) -- A D.C. Circuit panel on Wednesday rejected Dish Network LLC’s attempts to overturn a Federal Communication Commission guidance on applying common law principles to the Telephone Consumer Protection Act, ruling it had no jurisdiction over nonbinding guidance.

In a per curium opinion, the panel found that the FCC admitted that a May declaratory ruling — that companies such as Dish Network may be held liable under federal common-law principles of agency for TCPA violations committed by third-party telemarketers — was not binding to courts, and thus...
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