Law School Toolbox Podcast Episode 390: Listen and Learn -- Vicarious Liability (Torts)
Life With GDPR: Episode 41-Morrisons at the UK Supreme Court
Life With GDPR: Episode 22- Morrisons’ and vicarious liability
Potential for Vicarious Liability Under the Graves Amendment
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
New communications technologies are being adopted at a rapid pace by industry. This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA. One such question, which has seen...more
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
On May 10, 2017, the United States District Court for the Western District of Michigan granted the multiple motions to dismiss of hotel chains AM Resorts, LP and Newport Hospitality, LLC (collectively, “Resorts”) in a...more
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
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
In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more
The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more
Kelley Drye’s Communications Practice Group presents this comprehensive tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in...more
The Sixth Circuit recently held that standing to sue under the Telephone Consumer Protection Act (TCPA) does not require the plaintiff to have printed, or even viewed, a fax advertisement that violates the TCPA. The Court...more
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
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
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
9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more
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
The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more
In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone...more