Vicarious Liability

April began with the Supreme Court’s bombshell ruling in Facebook v. Duguid. At the close of the month, let’s examine the fallout of that decision.

The most frequent point of emphasis for any Telephone Consumer Protection Act (TCPA) compliance strategy is to obtain proper consent. While nothing is foolproof with regards to the TCPA, properly obtained, well documented consent is an invaluable tool in defense of any TCPA litigation.

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An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds.

Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.

The Telephone Consumer Protection Act (TCPA) is an outdated statute, well overdue for an update (and may well get one, thanks to the case, William P. Barr et al. v. American Association of Political Consultants et al., about to be argued before the Supreme Court). Its flaws and inconsistencies have created a cottage industry of lawsuit-mill litigators.

Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find to be compelling.

The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds.

A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations.

The FTC announced that it had reached a $30 million settlement to resolve charges against Career Education Corp (CEC)—an Illinois-based, for-profit education provider—resulting from unlawful tactics used by third-party lead generators.