News & Analysis as of

Vicarious Liability Auto-Dialed Calls

Faegre Drinker Biddle & Reath LLP

Attention to Detail — and the Defense — Prevails in Two Recent Cases

Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more

Manatt, Phelps & Phillips, LLP

California Court Rejects Vicarious Liability Claims

Claims of vicarious liability under the Telephone Consumer Protection Act (TCPA) failed in California federal court after the plaintiff was unable to demonstrate that the defendants had provided the caller with authority to...more

Benesch

Direct Energy Defeats TCPA Claim: No Liability for Unknown Telemarketer’s Calls

Benesch on

With all the talk of the Supreme Court’s decision in AAPC, it’s upcoming decision in Facebook, and all the other currently hot items-of-the-year in TCPA litigation (Creasy, etc.), it can be easy to skip past decisions that...more

Faegre Drinker Biddle & Reath LLP

District of Nevada Applies Agency Principles to TCPA Suit Against Messaging Platform and Consumer-Info Company, Dismisses Claims

Last week, the District of Nevada contributed to a growing consensus among Ninth Circuit district courts that TCPA liability generally does not extend to companies that produce equipment used to place unlawful calls—such as...more

BCLP

Lead Generation and the TCPA: How to Protect Your Company from Downstream Bad Actors

BCLP on

Many businesses, including retailers, rely on inbound lead generators to identify prospective customers for telephone or text-based direct marketing campaigns. Sourcing inbound leads from a variety of providers allows firms...more

Womble Bond Dickinson

Cruise Line Sails into Sea of TCPA Liability from Vendor’s Use of Soundboard Tech

Womble Bond Dickinson on

New communications technologies are being adopted at a rapid pace by industry.  This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA.  One such question, which has seen...more

Manatt, Phelps & Phillips, LLP

Oklahoma Federal Court Sides With Plaintiff’s Vicarious Liability TCPA Claim

An Oklahoma federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) plaintiff on vicarious liability issues, ruling that the defendant was liable for telemarketing calls made by a sales...more

Manatt, Phelps & Phillips, LLP

Possibility of Vicarious Liability for Lenders in Ninth Circuit

In another case involving agency liability, the U.S. Court of Appeals for the Ninth Circuit ruled that while the owner of a student debt is not per se liable for violations committed by a loan servicer it engages, it may be...more

King & Spalding

Court Grants Multiple Motions To Dismiss In TCPA Vicarious Liability Case

King & Spalding on

On May 10, 2017, the United States District Court for the Western District of Michigan granted the multiple motions to dismiss of hotel chains AM Resorts, LP and Newport Hospitality, LLC (collectively, “Resorts”) in a...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Morrison & Foerster LLP - Class Dismissed

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more

Eversheds Sutherland (US) LLP

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

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