FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,043
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Comments sought. In light of these petitions, we seek comment on the circumstances under which a
person or entity is liable for telemarketing violations committed by dealers or other third parties that act
on the person's or entity's behalf. In particular, we ask for comments regarding the following questions:
1) Under the TCPA, does a call placed by an entity that markets the seller's goods or services
qualify as a call made on behalf of, and initiated by, the seller, even if the seller does not make
the telephone call (i.e., physically place the call)?
2) What should determine whether a telemarketing call is made "on behalf of' a seller, thus
triggering liability for the seller under the TCPA? Should federal common law agency principles
apply? What, if any, other principles could be used to define "on behalf of' liability for a seller
under the TCPA?
Additionally, we solicit comments addressing the applicability of federal agency law and federal joint
venture law to the TCPA liability questions presented herein.
All comments should refer to CG Docket No. 11-50. Further, we strongly encourage parties
to develop responses to this Notice that adhere to the organization and structure of the questions in
Comments may be filed using (1) the Commission's Electronic Comment Filing System (ECFS),
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. Comments can be filed
through the Commission's ECFS filing interface located at the following Internet address:
http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal:
http://www.regulations.gov.25 Generally, only one copy of an electronic submission must be filed. In
completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number, in this case CG Docket No. 11-50. Parties who
choose to file by paper must file an original and two copies of each filing.
For paper copies, filings can be sent by hand or messenger delivery, by commercial overnight
courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays
in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
* All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building.
* Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
* U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed
to 445 12th Street, SW, Washington, DC 20554.
25 Filers should follow the instructions provided on the Federal eRulemaking Portal website for submitting
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/215/: accessed October 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.