TCPA liability

FCC Clarifies Scope of TCPA Fax Liability

September 25, 2020 by David Klein

The Federal Communications Commission (“FCC”) recently issued a declaratory ruling providing clarity on the scope of liability for fax advertisers under the Telephone Consumer Protection Act (“TCPA”). The FCC’s TCPA fax ruling responds to broad concerns that advertisers unjustly assume the liability for fax broadcasters that exceed the parameters of the terms of their marketing agreements. The new guidance clarifies that an advertiser is not a “sender” within the meaning of the statute where a fax is sent without the subject advertiser’s approval.

How did the FCC’s TCPA fax ruling clarify the scope of liability?

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Personal TCPA Liability for Corporate Officers

November 6, 2019 by David Klein

November 6, 2019

Since passage of the Telephone Consumer Protection Act (“TCPA”), courts and businesses have grappled with whether – and to what extent – TCPA liability extends to corporate officers. While the corporate veil often protects corporate officers from personal liability in other contexts, the wording of the TCPA (“It shall be unlawful for any person within the United States . . . to make any call . . . using any automatic telephone dialing system . . .”) has been interpreted such that corporate officers can, in certain limited circumstances, be subject to TCPA liability. However, several recent court decisions have suggested that courts are beginning to re-examine the merits of subjecting corporate officers to personal liability under the TCPA.

What kind of conduct exposes corporate officers to TCPA liability?

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Court Curtails Expansive Fax-Related TCPA Liability

August 22, 2017 by David Klein

August 22, 2017

A federal court in Michigan recently rejected a plaintiff’s plea to expand the scope of Telephone Consumer Protection Act (“TCPA”) liability in a fax advertisement class action case. This should come as welcome news to those operating in this space, particularly product manufacturers, as the court put a needed stop to recent creeping TCPA liability seen in cases across the country.

Why did the Court refuse to extend TCPA liability?

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