News & Analysis as of

Marketing Vicarious Liability

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

Womble Bond Dickinson

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

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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

Faegre Drinker Biddle & Reath LLP

Court Dismisses Claims that Shopping Platform was Directly or Vicariously Liable for Retailer’s Texts

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

BCLP

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

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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

Foley & Lardner LLP

Seventh Circuit Weighs in on Vicarious Liability Under TCPA

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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

Womble Bond Dickinson

Security Company Found Vicariously Liable for TCPA Violations Committed by Lead Seller

Womble Bond Dickinson on

The realm of lead generation can present a minefield of TCPA risks. The recent order granting summary judgment in Braver v. NorthStar Alarm Systems, LLC, No. CIV-17-0383, 2019 WL 3208651 (W.D. Ok. Jul. 15, 2019) illustrates...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

Eversheds Sutherland (US) LLP

Do as I say, not as I do: third-party liability and the TCPA

Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more

Locke Lord LLP

Ninth Circuit Again Rejects Vicarious Liability Theory Under the TCPA

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The latest decision out of the Ninth Circuit regarding vicarious liability under the Telephone Consumer Protection Act (“TCPA”) has again gone in favor of defendants. See Kristensen v. Credit Payment Servs., No. 16-15823,...more

Burr & Forman

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

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In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...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

Polsinelli

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

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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

Carlton Fields

Ninth Circuit Affirms Summary Judgment for Defendant Taco Bell in Putative TCPA Text Message Class Action

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The recipient of a text message advertising Taco Bell products sued the company, alleging that the message violated the Telephone Consumer Protection Act’s (TCPA) prohibition on calls to cell phones using an auto-dialer or...more

McDermott Will & Emery

Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

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A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA). Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell...more

Mintz - Privacy & Cybersecurity Viewpoints

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer...more

BakerHostetler

Third Circuit Holds Rule 10b-5 Violations May Be Imputed to Investment Management Company on Basis of Apparent Agency

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The United States Court of Appeals for the Third Circuit recently issued a decision that highlights the importance of investment management companies using extreme caution when promoting investment products to their clients,...more

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