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CGB Seeks Comment on Pet for Exp Dec Ruling Filed By Vincent Lucas

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Released: July 9, 2014


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-976

Released: July 9, 2014



CG Docket No. 02-278

Comment Date: August 8, 2014

Reply Comment Date: August 25, 2014

On June 18, 2014, Vincent Lucas (Lucas) filed a petition for declaratory ruling requesting that the

Commission clarify certain aspects of the Telephone Consumer Protection Act (TCPA).1 Lucas asks the

Commission to clarify that a person is vicariously or contributorily liable if that person provides

substantial assistance or support to any seller or telemarketer when that person knows or consciously

avoids knowing that the seller or telemarketer is engaged in any act or practice that violates the TCPA.2

Lucas argues that the Commission has the authority to determine vicarious liability under the TCPA and

that such liability should apply to those who assist telemarketers in violating the TCPA.3 In addition,

Lucas makes the argument that recognizing vicarious liability for assisting illegal telemarketing will

greatly assist in enforcement of the TCPA.4 Lucas asserts that the Commission can make the requested

clarification without a separate rulemaking proceeding.5

We seek comment on these and the other issues

raised in the Petition.

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,

interested parties may file comments and reply comments on or before the dates indicated on the first

page of this document. Comments may be filed using the Commission’s Electronic Comment Filing

System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

Electronic Filers: Comments may be filed electronically using the Internet by accessing

the ECFS:


Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed by Vincent Lucas on June 18, 2014

(Petition). The TCPA is codified as 47 U.S.C. § 227.

2 Petition at 1.

3 Id. at 9-18.

4 Id. at 17-18.

5 Id. at 18.


Paper Filers: Parties who choose to file by paper must file an original and one copy of

each filing.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or

by first-class or overnight 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 Street, 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 and boxes 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, Express, and Priority mail must be addressed to 445 12th

Street, SW, Washington DC 20554.

People with Disabilities: To request materials in accessible formats for people with disabilities

(braille, large print, electronic files, audio format), send an e-mail to or call the

Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in

accordance with the Commission’s ex parte rules.6 Persons making ex parte presentations must file a

copy of any written presentation or a memorandum summarizing any oral presentation within two

business days after the presentation (unless a different deadline applicable to the Sunshine period applies).

Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation

must (1) list all persons attending or otherwise participating in the meeting at which the ex parte

presentation was made, and (2) summarize all data presented and arguments made during the

presentation. If the presentation consisted in whole or in part of the presentation of data or arguments

already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the

presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or

other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be

found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission

staff during ex parte meetings are deemed to be written ex parte presentations and must be filed

consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has

made available a method of electronic filing, written ex parte presentations and memoranda summarizing

oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment

filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,

searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex

parte rules.

FOR FURTHER INFORMATION CONTACT: B. Lynn Follansbee, Consumer and Governmental

Affairs Bureau, Federal Communications Commission, (202) 418-1514;


6 47 C.F.R. §§ 1.1200 et seq.


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