Skip to main content

Vicarious Liability

Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent

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.

Examining the Strategies of a TCPA Litigator

The Telephone Consumer Protection Act (TCPA) is an outdated statute, well overdue for an update (and may well get one, thanks to the case, William P. Barr et al.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.

Court Dismisses Vicarious Liability Claim in TCPA Class Action

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.