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Telemarketing › Do Not Call List › Vicarious Liability

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Telephone Consumer Protection Act and Sales Agents: The Dangers of the ‘Canary Trap’

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, was enacted in 1991 “to protect the privacy interests of residential telephone subscribers,” according to the act’s legislative history. The TCPA provides for a...more

Faegre Drinker Biddle & Reath LLP

Texas District Court Joins the Third, Sixth, and Eleventh Circuit Courts of Appeal, Permitting a Private Right of Action for...

Faegre Drinker Biddle & Reath LLP on

The Northern District of Texas, in Powers v. One Technologies, LLC, joined its sister courts and the Third, Sixth, and Eleventh Circuit Courts of Appeal to hold that 47 C.F.R. § 64.1200(d), which prohibits certain...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Remands $280 Million TCPA Penalty Against DISH Network, LLC

Faegre Drinker Biddle & Reath LLP on

The Seventh Circuit recently issued an opinion with significant implications for defendants evaluating the prospects for due process challenges to awards of statutory damages under the TCPA, as well as defendants facing...more

Troutman Pepper Locke

Fourth Circuit Rejects Vicarious Liability Theory Under the TCPA

Troutman Pepper Locke on

The Fourth Circuit dealt another blow to plaintiffs trying to drum up vicarious liability under the Telephone Consumer Protection Act (“TCPA”). See Hogdin v. UTC Fire & Sec. Americas Corp. Inc., 2018 WL 1308605 (4th Cir. Mar....more

Smith Debnam Narron Drake Saintsing & Myers,...

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

Smith Debnam Narron Drake Saintsing & Myers,... on

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

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

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