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Vicarious Liability Telecommunications Telemarketing

Manatt, Phelps & Phillips, LLP

Court Finds Cellphones Covered By TCPA, But Tosses Suit

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

Manatt, Phelps & Phillips, LLP

Allegations of Contract and Control Keep TCPA Suit Alive in Pennsylvania Federal Court

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

Smith Debnam Narron Drake Saintsing & Myers,...

Guest Post: District Court Rejects Vicarious Liability Claims under the TCPA

A Michigan district court recently weighed in on the availability of vicarious liability for violations of the Telephone Consumer Protection Act (the “TCPA”). In Kern v. VIP Travel Servs., the plaintiffs received several...more

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