Some Likely To Turn to FCC for More TCPA Clarification After High Court Ruling, Law Firm Says
Following the Supreme Court's Telephone Consumer Protection Act (TCPA) ruling on Campbell-Ewald Co. v. Gomez (see 1601200057), some are turning to the FCC to resolve the remaining contractor liability issues, Hogan Lovells said in a post. The high court's decision…
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said an unaccepted settlement offer or offer of judgment for complete relief made to the named plaintiff in a putative class action doesn't moot the plaintiff’s case or the class action. It also said government contractors aren't entitled to derivative sovereign immunity where they have failed to abide by the government’s instructions and violated federal law. In light of the decision, attention will likely turn to the FCC, Hogan Lovells said. Several parties have asked the FCC to clarify that federal, state and local governments aren't “persons” under the TCPA and the Communications Act, the firm said. The FCC already has sought public comment on several petitions and can issue a decision any time.