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Supreme Court Applies TCPA to Text Messages, Affirms FCC’s Vicarious Liability Principles

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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).

Author Name: 
Carolyn Carter
About Author: 

Carolyn Carter is the Deputy Director at NCLC (previously serving as Director of Advocacy). She has specialized in consumer law issues for over 30 years. From 1974 to 1986 she worked for the Legal Aid Society of Cleveland, first as a staff attorney and later as law reform director. From 1986 to 1999 she was co-director of a legal services program in Pennsylvania. She was the 1992 recipient of NCLC’s Vern Countryman Award. She is admitted to the Pennsylvania bar. From 2005 to 2007 she was a member of the Federal Reserve Board's Consumer Advisory Council. She is a graduate of Brown University and Yale Law School.
She is co-author of NCLC's Truth in Lending, Unfair and Deceptive Acts and Practices, Collection Actions and Consumer Warranty Law and is a contributor to a number of other NCLC treatises.

Date Created: 
Wednesday, January 20, 2016
Author Image: 
https://library.nclc.org/sites/default/files/carolyn_carter.JPG
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