Law Firm Asks FCC For TCPA Clarity

February 28, 2019

The Akin Gump Strauss Hauer & Feld law firm asked the Federal Communications Commission (FCC) for some clarity on the Telephone Consumer Protection Act, Law360 reports.

Specifically, the Akin Gump firm asked for clarity regarding liability for advertisers over fax violations of the law. Currently, the FCC says both the advertiser and the broadcaster they hire to send the faxes could both be held liable for violations “in most instances.” Akin Gump lawyers asked for an exemption for the advertiser that would hold only the broadcaster liable in certain cases, since advertisers “are stripped of their ability to control the fax campaign or ensure compliance with the TCPA" once the broadcasters “engage in deception, fraud, blatant contract violations and misrepresentations.”