Stroock Special Bulletin
"New FCC Order Confirms Vicarious Liability Under The TCPA"
On May 9, 2013, the Federal Communications Commission ("FCC") released its long-awaited order (the "May 9 Order") regarding vicarious liability under the Telephone Consumer Protection Act of 1991, 47 U.S.C. §227 et seq. ("TCPA"), finding that federal common law principles of agency law, including apparent authority, apply to section 227(b) of the TCPA.
As discussed in this Stroock Special Bulletin, while much of the FCC's order addresses liability arising out of telemarketing and do-not-call requirements, the order also potentially impacts other TCPA provisions that are frequently the subject of litigation, including section 227(b), which prohibits autodialed calls and prerecorded message calls to cellular telephones.