David Krueger on Vicarious Liability

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

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

3/15/2021 / Auto-Dialed Calls , Burden of Proof , Summary Judgment , TCPA , Telemarketing , Third-Party Service Provider , Vicarious Liability

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

4/25/2016 / Prior Express Consent , Putative Class Actions , Summary Judgment , TCPA , Text Messages , Third-Party , Vicarious Liability

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

4/19/2016 / Class Action , Class Certification , Class Representatives , Corporate Counsel , TCPA , Third-Party Service Provider , Typicality , Unsolicited Faxes , Vicarious Liability

UTC Fire & Security Obtains Summary Judgment In Putative TCPA Class Action

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the...more

6/3/2015 / Class Action , Dealers , FCC , Sellers , Summary Judgment , TCPA , Telemarketing , Third-Party Agents , Vicarious Liability

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

On March 25, 2014, Brian Jackson received a text message on his cellular phone, allegedly making an offer for cruise ticks on behalf of Caribbean Cruise Line (“CCL”). Jackson filed suit against AdSource Marketing Ltd....more

2/25/2015 / Advertising , Class Action , Cruise Ships , Motion to Dismiss , Pleading Standards , TCPA , Text Messages , Vicarious Liability

Sender Of Faxes May Be Directly Liable For TCPA Violations

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the...more

11/4/2014 / Advertising , Faxes , Putative Class Actions , TCPA , Third-Party Risk , Unsolicited Faxes , Vicarious Liability

Ninth Circuit Court of Appeals TCPA Ruling: Thomas v. Taco Bell Corporation

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. June 6, 2014), the Ninth Circuit Court of Appeals affirmed summary judgment in favor of Defendant Taco Bell Corporation, holding that Taco Bell could not be held liable as...more

7/14/2014 / Advertising , Corporate Counsel , Taco Bell , TCPA , Text Messages , Vicarious Liability

Defendant-Business Not Vicariously Liable For Third-Party B2B’s Unsolicited Fax Advertisements In Putative TCPA Class Action

In Palm Beach Gold Center-Boca, Inc. v. Sarris, No. 12-80178, 2013 U.S. Dist. LEXIS 155912 (S.D. Fla. Oct. 22, 2013), the United States District Court for the Southern District of Florida recently granted summary judgment in...more

11/25/2013 / Class Action , Dentists , Dish Network , Faxes , Independent Contractors , Standing , TCPA , Vicarious Liability

David Krueger

Benesch

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › Vicarious Liability