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 broad position, instead concluding that federal common-law agency principles govern vicarious liability under the TCPA. Please read our report on the ruling.
