How Courts Have Applied The FCC Stance On TCPA

Law360, New York (September 4, 2014, 12:03 PM EDT) -- A year ago, a Federal Communication Commission declaratory ruling addressed the issue of whether parties who did not actually place telemarketing robocalls could be either directly or vicariously liable for calls made on their behalf in violation of the Telephone Consumer Protection Act. How has the declaratory ruling been applied since then? Seeking to understand significant trends and identify takeaways for businesses aiming to avoid vicarious liability exposure risk, we took a careful look at 12 federal court decisions issued since then.

The Declaratory Ruling

In its ruling, the FCC clarified that sellers who did not actually place calls cannot be...

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