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No vicarious liability for advertiser under TCPA

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • July 30 2012

A federal court in California has dismissed a class action lawsuit against Taco Bell alleging violations of the Telephone Consumer Protection Act, ruling that an advertiser is not vicariously liable under the statute for text message campaigns carried out by agencies on its behalf unless the advertiser controls the manner and means of the campaign

Advertiser not liable under TCPA unless it controls manner and means of text message campaign

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • July 12 2012

A federal court in California has dismissed a class action lawsuit against Taco Bell alleging violations of the Telephone Consumer Protection Act (TCPA), ruling that an advertiser is not vicariously liable under the statute for text message campaigns carried out by agencies on its behalf unless the advertiser controls the manner and means of the campaign

In search of exceptions to the FTC’s amended telemarketing sales rule - don’t put your neck in a loophole!

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • August 26 2010

In the days and weeks since the Federal Trade Commission amended the Telemarketing Sales Rule, 16 C.F.R. Parts 310.1-.9, adding specific provisions to govern for-profit debt relief providers (the “TSR Amendments”), there have been many discussions among industry professionals about possible exceptions, or “loopholes,” to the TSR Amendments