Robocalls and third-party violations: FCC rules on vicarious liability under the TCPA
By Perrie Michael Weiner, Esteban Morales and Joshua Briones
The Federal Communications Commission recently clarified whether parties on whose behalf telemarketing ‘robocalls’ are made may be liable for third-party violations of the Telephone Consumer Protection Act (TCPA).
Retailers who did not actually place calls may only be ‘vicariously‘ liable and subject to damages for third-party TCPA violations if federal common law principles of agency apply.
The TCPA was enacted to regulate and monitor the use of telemarketing to consumers. Among other things, Section 227(b) prohibits calls made without consent and using ‘automatic telephone dialing systems’ (as that term is defined by the TCPA). Section 227(c) makes it unlawful to ‘initiate any telephone solicitation… to any residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry.’ Under both sections, private parties may seek to recover damages and injunctive relief…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
The US Department of Treasury’s Office of Foreign Assets Control has issued additional sanctions targeting certain Russian banks, energy and defence companies.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions