FCC Declaratory Ruling: Huge Break in Holding Monitoring Companies Liable

And so, the long awaited FCC Declaratory ruling is released and the message is clear; sellers like big monitoring companies can be held “vicariously liable” for unlawful telemarketing calls made by third parties on their behalf. Read the details of the ruling here: http://www.tcpatools.com/FCC-obo.pdf

Will this be the push needed to end these calls once and for all?

From the ruling:

IV.       CONCLUSION

  1. For the reasons discussed herein, we grant in part and otherwise deny the above-captioned petitions for declaratory ruling.  We clarify that, while a seller does not generally initiate calls made through a third-party telemarketer, it nonetheless may be vicariously liable under federal common law agency-related principles for violations of either section 227(b) or 227(c) committed by telemarketers that initiate calls to market its products or services.

V.        ORDERING CLAUSES

 

  1. Accordingly, IT IS ORDERED that, pursuant to sections 1-4, 227, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 227, 303(r), and section 64.1200 of the Commission’s rules, 47 C.F.R. § 64.1200, this Declaratory Ruling in CG Docket No. 11-50 IS ADOPTED as set forth herein.
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