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ARTICLE · 22 MAY 2013

FCC Addresses Vicarious-Liability Standards Under Telephone Consumer Protection Act

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The Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act.

United StatesLitigation, Mediation & Arbitration
Howard W. Waltzman
Howard W. Waltzman
Archis Parasharami
Archis Parasharami
Kevin Ranlett
Kevin Ranlett
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Keywords: FCC, telephone consumer protection act, telemarketing

The Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. That law prohibits certain telemarketing practices, such as placing telemarketing calls to phone numbers on the "do not call" list or using an "automatic telephone dialing system" to place unsolicited non-emergency calls to wireless phone numbers. In its ruling, the FCC held that sellers who use third-party telemarketers are not automatically liable for the third parties' violations of the act, but that the seller may still be vicariously liable under "federal common law principles of agency."

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