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Klein Moynihan Turco LLP

TCPA Vicarious Liability - June 6, 2025

Klein Moynihan Turco LLP on

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

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

Klein Moynihan Turco LLP

TCPA Vicarious Liability

Klein Moynihan Turco LLP on

An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more

Faegre Drinker Biddle & Reath LLP

District of Nevada Applies Agency Principles to TCPA Suit Against Messaging Platform and Consumer-Info Company, Dismisses Claims

Faegre Drinker Biddle & Reath LLP on

Last week, the District of Nevada contributed to a growing consensus among Ninth Circuit district courts that TCPA liability generally does not extend to companies that produce equipment used to place unlawful calls—such as...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

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

Morrison & Foerster LLP - Class Dismissed

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

Morrison & Foerster LLP - Class Dismissed on

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

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