LAWS & REGULATIONS

Do Not Call List Liability For Agents

1. Trying to Get Around the Law

As many companies have learned, the Do Not Call List law, can be a potent weapon and several class actions have been filed. A company may want to solicit new customers but avoid legal liability. Some companies now enlist foreign entities to make the cases, and submit that any liability is that of the foreign entity.

2. Liability for Acts of Agents.

Federal Communication Commission (`FCC”) promulgated regulations “generally establish that the party on whose behalf a solicitation is rnade bears ultimate responsibility for any violations.” See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Memorandum and Order, 10 FCC Rcd. 12391, 12397 If 13 (1995). 11. The FCC confirmed this principle in 2013, when it explained that “a seller …. may be held vicariously liable under federal common law principles of agency for violations of either section 227(b) or section 227(c) that are committed by third-party telemarketers.” See In the Matter ofthe Joint Petition Filed by Dish Network, LLC, 28 F.C.C. Rcd. 6574, 6574 (2013).

Federal Communication Commission (`FCC”) promulgated regulations “generally establish that the party on whose behalf a solicitation is rnade bears ultimate responsibility for any violations.” See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Memorandum and Order, 10 FCC Rcd. 12391, 12397 If 13 (1995). 11. The FCC confirmed this principle in 2013, when it explained that “a seller …. may be held vicariously liable under federal common law principles of agency for violations of either section 227(b) or section 227(c) that are committed by third-party telemarketers.” See In the Matter ofthe Joint Petition Filed by Dish Network, LLC, 28 F.C.C. Rcd. 6574, 6574 (2013).

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