The U.S. Court of Appeals for the D.C....
The U.S. Court of Appeals for the D.C. Circuit dismissed Dish Network’s petition for review of the FCC’s interpretation of the federal common law of agency, that a seller may be vicariously liable for violations committed by telemarketers initiating calls…
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to market the seller’s product. A panel of judges determined Wednesday that the issues “do not warrant a published opinion,” it said in a judgment from judges Merrick Garland, Judith Rogers and Harry Edwards (http://bit.ly/LYHHZP). The panel said the court lacks jurisdiction to review the FCC’s guidance. The case stemmed from a Justice Department complaint against Dish for alleged do-not-call violations, which included pre-recorded messages made by third parties on Dish’s behalf. Petitions filed by Dish for declaratory ruling on Telephone Consumer Protection Act rules followed in 2011 (CD Sept 4/12 p7). The FCC issued its declaratory ruling last year, saying “the seller has the ability, through its authorization, to oversee the conduct of its telemarketers, even if that power to supervise is unexercised.” (http://fcc.us/LZipKV). “This court has jurisdiction to review only ‘final orders’ of the FCC,” the judgment said. “The FCC agrees that the ‘guidance’ in question has no binding effect on courts,” it said.