Law School Toolbox Podcast Episode 390: Listen and Learn -- Vicarious Liability (Torts)
Life With GDPR: Episode 41-Morrisons at the UK Supreme Court
Life With GDPR: Episode 22- Morrisons’ and vicarious liability
Potential for Vicarious Liability Under the Graves Amendment
Despite holding that cellphone users are not “categorically excluded” from the TCPA, a New York federal court granted a defendant’s motion to dismiss after determining the complaint failed to allege that the defendant was...more
An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more
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
The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania...more
A contract prohibiting Telephone Consumer Protection Act (TCPA) violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court....more
The Northern District of Texas, in Powers v. One Technologies, LLC, joined its sister courts and the Third, Sixth, and Eleventh Circuit Courts of Appeal to hold that 47 C.F.R. § 64.1200(d), which prohibits certain...more
The District Court for the Northern District of Illinois, in Black v. First Impression Interactive, Inc., No. 21 C 3745, 2022 WL 169652 (Jan. 19, 2022), denied a motion to dismiss a TCPA claim and, in so doing, highlighted a...more
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
Reversing dismissal, the U.S. Court of Appeals, Seventh Circuit found that a plaintiff had sufficiently pled allegations of vicarious liability to keep his Telephone Consumer Protection Act (TCPA) suit alive....more
A court in the Northern District of California recently granted a defense motion for summary judgment, finding that the defendants were not vicariously liable for a subcontractor’s supposed TCPA violations because the record...more
Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more
Granting dismissal of a Telephone Consumer Protection Act (TCPA) suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls...more
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
Companies that rely on third parties to market products could face legal exposure under the Telephone Consumer Protection Act (TCPA) when those third-party agents call, text or fax consumers without the requisite consent....more
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
Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on the alleged beneficiary of a messaging campaign. Pleadings that lack...more
The Northern District of California recently granted a motion to dismiss, finding the plaintiff failed to plausibly allege that e-commerce platform Shopify was directly or vicariously liable for the alleged TCPA violations of...more
The Seventh Circuit recently issued an opinion with significant implications for defendants evaluating the prospects for due process challenges to awards of statutory damages under the TCPA, as well as defendants facing...more
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
Real Property Update - Foreclosure / Law of the Case: Motion to vacate that attempted to re-litigate issues on standing that had been rejected on direct appeal was precluded by the law of the case doctrine – Schwartz v....more
Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more
The TCPA not only carries draconian penalties, but courts as of late seem to have been rather lenient in allowing claims to proceed based on very thin theories of vicarious liability. However, an opinion by the Seventh...more
A California court tossed a Telephone Consumer Protection Act (TCPA) action seeking to hold the defendant liable for calls made by a lead generator. ...more
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
Real Property Update - Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more