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Motion to Dismiss › Telephone Consumer Protection Act › Vicarious Liability

Klein Moynihan Turco LLP

TCPA Vicarious Liability - June 6, 2025

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Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...more

Faegre Drinker Biddle & Reath LLP

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

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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

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

Benesch

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

Benesch on

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

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