News & Analysis as of

Third-Party Liability Vicarious Liability

Womble Bond Dickinson

A Pair of Federal Courts Find No Vicarious Liability Under the TCPA

Womble Bond Dickinson on

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

Latham & Watkins LLP

For Fear of Learning an Inconvenient Truth: Third-Party Liability in Fraudulent Trading

Latham & Watkins LLP on

Parties within a chain of transactions may face liability for dishonesty and assistance, even if they do not have actual knowledge of fraud. The recent judgment in Bilta (UK) Limited (in liquidation) & ors v. NatWest...more

Foley & Lardner LLP

Seventh Circuit Weighs in on Vicarious Liability Under TCPA

Foley & Lardner LLP on

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

Faegre Drinker Biddle & Reath LLP

Court Grants Plaintiff’s Motion for Summary Judgment on Vicarious Liability Issues

The Western District of Oklahoma recently granted a plaintiff’s motion for summary judgment against NorthStar Alarm Services, LLC (“NorthStar”) in a certified class action. The court held, in part, that NorthStar was...more

Eversheds Sutherland (US) LLP

Who’s calling? Standards for third-party liability under the TCPA

Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more

Kilpatrick

Fourth Circuit finds manufacturers not vicariously liable for retailers’ TCPA violations

Kilpatrick on

Takeaway: A recent Fourth Circuit decision finding that UTC and Honeywell, manufacturers of home-security systems, could not be held vicariously liable for calls by downstream retailers in violation of the Telephone Consumer...more

Kilpatrick

Ninth Circuit Declines to Hold Seller Vicariously Liable for Third-Party Telemarketer’s TCPA Violations

Kilpatrick on

Takeaway: Decisions addressing a seller’s exposure to vicarious liability for calls placed by a third-party telemarketer in violation of the Telephone Consumer Protection Act (“TCPA”) offer little predictability or guidance....more

Ballard Spahr LLP

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

K&L Gates LLP

Court Rejects TCPA Claims Based on Theory of Third-Party Liability

K&L Gates LLP on

The U.S. District Court for the Northern District of West Virginia recently granted summary judgment for the defendant alarm manufacturers in In re Monitronics International, Inc. Telephone Consumer Protection Act Litigation...more

Polsinelli

Named in a TCPA Lawsuit? Liability Strategy May Avoid Crippling Damages

Polsinelli on

Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more

Sheppard Mullin Richter & Hampton LLP

Hold the Phone: Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants

On December 12, 2014, Judge Sue E. Myerscough issued an epic 238-page order granting in part and denying in part cross summary judgment motions filed in United States of America, et al. v. Dish Network, L.L.C. (“Dish...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - January 2015

Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more

Orrick - Trade Secrets Group

Trade Secrets And 3rd Parties: Litigation Traps To Avoid

Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret...more

Cohen Seglias Pallas Greenhall & Furman PC

Corporate Criminal Liability: Legal Causation and the Application of Absolute Vicarious Liability in the XTO Energy Prosecution

In this high-profile criminal prosecution of XTO Energy by the Pennsylvania Office of Attorney General, the scope of corporate criminal liability for the actions of third parties is likely to take center stage later this year...more

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