Header graphic for print
Class Defense Blog Cutting-Edge Issues in Class Action Law and Policy

Tag Archives: FCC

FCC Addresses Vicarious Liability Under Telephone Consumer Protection Act

Posted in Motions Practice

Plaintiffs in some TCPA class actions have taken the position that companies are strictly liable for any violation of the TCPA by third parties that make calls or send faxes on the companies’ behalf (such as third-party marketers or debt collectors).  The FCC, however, has just issued a declaratory ruling that appears to reject that… Continue Reading

FCC Requests Comments on Whether TCPA Applies to Internet-to-Text-Message Services

Posted in Class Action Trends

Last week, the FCC requested comments on four petitions for declaratory rulings relating to the Telephone Consumer Protection Act (“TCPA”), the law that launched a thousand class-action lawsuits (or at least seems that way). One petition (pdf), by Revolution Messaging, LLC, asks the FCC to classify text messages sent via the Internet as subject to the… Continue Reading