Supreme Court Applies TCPA to Text Messages, Affirms FCC’s Vicarious Liability Principles
Supreme Court Applies TCPA to Text Messages, Affirms FCC’s Vicarious Liability Principles
On Tuesday, January 20, 2016, in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 228345 (Jan. 20, 2016), the Supreme Court held that an unaccepted Rule 68 offer did not moot a TCPA class action. (A separate article will discuss the Rule 68 holding.) The decision includes several important TCPA holdings as well. Chapter 6 of NCLC’s Federal Deception Law (2d ed. 2016, to be released in early February) has been updated online to reflect the Supreme Court’s key TCPA holdings:
- •“A text message to a cellular telephone … qualifies as a “call” within the compass of” the TCPA’s prohibition against autodialed or prerecorded calls to cell phones without the consumer’s prior express consent. See § 6.7.2.
- •A defendant can be liable for another’s TCPA violations based on common law principles of agency. See § 6.9.5.4.
- •While the United States and its agencies have immunity from TCPA suits, federal contractors do not. See § 6.9.5.1.
The updated online chapter also includes the latest reported decisions on many other TCPA issues, including class certification (§ 6.9.4), liability of parties (§ 6.9.5), and pleading standards (§ 6.9.7).
Date Created:
Wednesday, January 20, 2016