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The Telecom Digest for Sat, 03 Apr 2021
Volume 40 : Issue 93 : "text" format

table of contents
NC: Possible 911 power outage reported in Johnston County
TCPA Vicarious Liability: It Is About Control
TCPA Fax Liability: What's Your Motivation?

Message-ID: <20210402211128.2052176D@telecom2018.csail.mit.edu> Date: Fri, 2 Apr 2021 21:11:28 +0000 (UTC) From: Moderator <telecomdigestsubmissions@remove-this.telecom-digest.org> Subject: NC: Possible 911 power outage reported in Johnston County By Sydney Franklin SMITHFIELD, N.C. - Johnston County experienced a possible 911 power outage on Thursday night. County officials said CenturyLink/Intrado was experiencing a 911 network issue, which was impacting people's ability to reach Johnston County 911. https://www.wral.com/possible-911-power-outage-reported-in-johnston-county/19606566/
Message-ID: <20210402030857.3BD347FE@telecom2018.csail.mit.edu> Date: Fri, 2 Apr 2021 03:08:57 +0000 (UTC) From: Moderator <telecomdigestsubmissions@remove-this.telecom-digest.org> Subject: TCPA Vicarious Liability: It Is About Control by David O. Klein Recently, an Arizona federal district court dismissed Telephone Consumer Protection Act ("TCPA") claims against a Florida-based cruise ship company. The Court based its decision on the plaintiff's failure to prove that the cruise ship company either sent the allegedly offending text messages itself or had an agent send them on its behalf. This latter, agency-based, theory of liability is known as TCPA vicarious liability, a legal theory where a company may be held responsible for text messages (or certain telephone calls) that third parties send (or place) for them. https://www.mondaq.com/unitedstates/dodd-frank-consumer-protection-act/1053160/tcpa-vicarious-liability-it-is-about-control?email_access=on
Message-ID: <20210402031259.2C9667FE@telecom2018.csail.mit.edu> Date: Fri, 2 Apr 2021 03:12:59 +0000 (UTC) From: Moderator <telecomdigestsubmissions@remove-this.telecom-digest.org> Subject: TCPA Fax Liability: What's Your Motivation? by David O. Klein Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act ("TCPA") claims against an animal health and wellness company, Elanco Animal Health, Inc. ("Elanco"). Elanco sent unsolicited facsimile transmissions to Ambassador Animal Hospital, Ltd. ("AAH") concerning continuing education seminars sponsored by Elanco. The Court dismissed the TCPA fax claims, ruling that plaintiff failed to prove that Elanco had sent the subject unsolicited fax materials with sufficient commercial motivation. https://www.mondaq.com/unitedstates/dodd-frank-consumer-protection-act/1052972/tcpa-fax-liability-what39s-your-motivation?email_access=on

End of telecom Digest Sat, 03 Apr 2021
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