Corporate officers can’t be held liable for alleged violations of the Telephone Consumer Protection Act, said defendant Michael Lansky, president of Avid Telecom, Tuesday in a defendants’ supplement (docket 4:23-cv-00233) to their motion to dismiss a robocall case brought in May by the attorneys general of 48 states (see 2305240010). The complaint alleged Avid Telecom and executives Michael Lansky and Stacey Reeves facilitated robocalls or helped others make them. It alleged the defendants received 329 notifications from the USTelecom-led Industry Traceback Group, putting them “on notice” that Avid was transmitting illegal robocalls. The AGs seek a permanent injunction preventing defendants from initiating or transmitting illegal robocalls to U.S. consumers and from transmitting calls that violate the TSR, plus an award of damages of $1,500 per Title 47 violation, civil penalties of $10,000 and state penalties. Referencing what he called a “growing trend of caselaw,” Lansky noted Perrong v. Chase Data, in which the 3rd U.S. Circuit Appeals Court, citing City Select Auto Sales v. David Randall Associates, dismissed all TCPA claims vs. an individual business owner, raising doubt as to whether “common-law-personal participation liability is available against corporate officers under the TCPA.” Since the City Select ruling, courts in the 3rd Circuit have found that "a corporate officer is not liable under the TCPA common law personal liability principles,” said the supplement, noting KHS Corp. v. Singer Financial Corp. The defendants “acknowledge that the Perrong case is not binding precedent” on the court, but said the legal analysis it contains “is sound and reflects the growing view in courts across the country that the TCPA does not and cannot create personal liability in corporate officers for the allegedly illegal conduct of the company,” it said. The defendants request that claims against each of them in their individual capacities should be dismissed with prejudice.
USTelecom asked the FCC to grant broadband providers forbearance from Communications Act Section 214 requirements if it reclassifies broadband as a Title II service, meeting separately with aides to Chairwoman Jessica Rosenworcel and Commissioners Nathan Simington and Brendan Carr. Imposing Section 214 requirements on broadband providers would "undermine innovation and investment in the broadband marketplace," the group said in an ex parte filing posted Thursday in docket 23-320. While USTelecom continued opposing the commission's proceeding on Title II reclassification, it also asked that the FCC limit any obligations to "requiring broadband providers to have an international Section 214 authorization to enter the marketplace" (see 2310190020). Verizon raised similar concerns in a meeting with staff of the Wireline Bureau, Wireless Bureau, Office of International Affairs, Public Safety and Homeland Security Bureau, and Office of General Counsel.
Democrats that represent Michigan and Ohio, where Big 3 automakers' plants are concentrated, are asking that the Section 301 review hike tariffs on Chinese automakers. Section 301 tariffs already apply a 25% tariff, making the total duty for a Chinese auto 27.5%.
Industry groups are backing calls that would refine the FCC's challenge processes for the national broadband map and broadband serviceable location fabric, they said in reply comments posted Wednesday in docket 19-195 (see 2402200073). Many seek changes that would improve the challenge process for mobile service and increase transparency in how disputes are adjudicated within the commission.
Ten individual and group plaintiffs oppose the Feb. 28 motion for reconsideration of the March 2023 order granting summary judgment against Jacob Wohl and Jack Burkman for their roles in the robocall campaign designed to suppress Black citizens' mail-in votes in the run-up to the 2020 election (see 2402290047), said their opposition Monday (docket 1:20-cv-08668) in U.S. District Court for Southern New York in Manhattan. The defendants have failed to demonstrate the extraordinary circumstances justifying the relief they seek, said the plaintiffs, including New York Attorney General Letitia James (D). The court already “considered and rejected” issues raised in their motion when it ruled that Wohl and Burkman acted intentionally in intimidating voters with their robocall campaign by making threats of legal, economic and physical harm, said the opposition.
Industry widely opposes the FCC's proposal to adopt additional reporting requirements for providers as part of the commission's efforts to combat digital discrimination. Commissioners sought comment on an NPRM proposing to adopt annual reporting and internal compliance program requirements following a November order adopting rules to curb discrimination (see 2401310052). Comments were posted Tuesday in docket 22-69. Consumer advocates and state officials urged the FCC to adopt the proposed requirements and establish an Office of Civil Rights within the commission.
The House is expected to vote as soon as Wednesday on the 2024 Consolidated Appropriations Act, a “minibus” funding bill that includes reductions for NTIA and other Commerce Department agencies but a slight increase for the DOJ Antitrust Division. President Joe Biden signed a continuing resolution (HR-7463) March 1 that extended federal appropriations for those agencies through Friday, March 8 (see 2403010072). The chamber is also set to vote this week on the 988 Lifeline Cybersecurity Responsibility Act (HR-498) and NTIA Reauthorization Act (HR-4510) under suspension of the rules (see 2403010073).
A fresh stab at creating a state net neutrality law met industry opposition this week. Connecticut’s joint General Law Committee held a hearing Thursday on a wide-ranging bill (SB-3) that would also require affordable broadband, ban junk fees, require streaming TV prorating and let consumers repair electronics. The legislature’s consumer protection bill “addresses inequities,” said Senate Majority Leader Bob Duff (D).
Crown Castle co-founder Ted Miller brought suit Tuesday in Delaware Chancery Court to invalidate the “cooperation agreement” the Crown Castle board entered into with Elliott Investment Management, an “activist” Crown Castle investor.
President Joe Biden on Wednesday signed an executive order directing DOJ to establish rules blocking large-scale transfers of Americans’ personal data to entities in hostile nations.