DC Circ. Ruling Complicates Fight Over TCPA Liability

Law360, New York (January 24, 2014, 9:56 PM EST) -- The D.C. Circuit ruled Wednesday that courts can consider, but are not bound by, the Federal Communication Commission’s guidance on the Telephone Consumer Protection Act, leaving companies to wonder what role the regulator’s direction might play in the recent flood of TCPA litigation.

In a per curium order, a D.C. Circuit panel concluded that it lacked jurisdiction to review two paragraphs of a declaratory order issued by the regulator that provided advice to courts on how the common law of agency might be applied to determine...
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