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Category: Officer/Director Liability

Officer/Director Liability

PERSONAL LIABILITY: TCPA Case Asserting Personal Liability Lands on Today’s Docket

25 Jul 20225 Sep 2022
Plaintiff's lawyer explains when they will sue someone personally. For more great content be sure to follow our INCREDIBLE YouTube channel! Good afternoon TCPA World, as many of our loyal…
Class Actions…

TCPAWorld’s Own Dr. Evil?: Inventor of TCPA Lawsuit Manufacturing App Gathers Massive Amounts of Data Scraped from Porch Website—Now Claims Company Owes Plaintiffs $10 Billion Dollars

20 Aug 202123 Aug 2021
Editor's Note: Sara is the newest member of the powerful TCPAWorld team. Licensed in three states and with a decade of complex litigation experience under her belt our new Marcioness…
ATDS/Predictive Dialer Cases…

Trouble in New Mexico for a Company and Its Officer

21 Dec 2020
In a decision with several important takeaways, the United States District Court for the District of New Mexico refused to dismiss a lawsuit filed by Robert Mestas against CHW Group…
Officer/Director Liability

It’s a No Go for Vendor “Doe” in Seeking Insurance Coverage for a TCPA Claim

2 Apr 2020
Companies that bring marketing campaigns using unsolicited faxes tend to end up in putative class actions under the Telephone Consumer Protection Act ("TCPA").  Many companies use vendors to design and…
Officer/Director Liability…

28 Days Later: Corporate Officer Faces Personal Liability for TCPA Suit For Failing to Stop Calls Less than a Month After Earlier Suit

16 Jan 20205 Sep 2022
Plaintiff's lawyer explains when they will sue someone personally. For more great content be sure to follow our INCREDIBLE YouTube channel! Here we go again. A few weeks back we…
Officer/Director Liability…

Good Deed Punished!: CEO Can Be Personally Liable for TCPA Violations Because he Tried To Help Company Comply with the TCPA

8 Nov 201912 Nov 2019
The most unfair rule in legal jurisprudence somehow just got even worse. Unlike virtually every other area of law, actions taken by individuals in their corporate capacity can lead to…
Officer/Director Liability…

Firewall: Corporate Formalities Continue to Insulate Corporate Entities from TCPA Liability—Just Not Corporate Officers

4 Sep 20194 Sep 2019
I am on record many times opining that the TCPA’s expansive rule permitting personal liability against officers and directors of companies that “participate in” sending unlawful texts or calls—even if…
Officer/Director Liability

Common Core Litigation: Magistrate Judge Recommends to Re-Open SDOH TCPA Case and Then Dismiss All Remaining Claims

7 Aug 20198 Aug 2019
I was recently informed that math is taught differently nowadays.  Kids are using logic, and more apples and oranges versus my old-school base 10 and long division.  Nonetheless, in either…
Class Actions…

Path Uncertain? Georgia Federal Court Claims Power to Certify TCPA Class Against Defaulting Defendant Based On Ambiguous Standards

2 Aug 20197 Aug 2019
If a defendant defaults in a TCPA case, can the plaintiff still seek class certification of his or her claims against that defendant? In Hobbs v. Entrevoice Virtual Sols., Inc., …
Class Actions…

TCPA Quick Hitter: When is there Specific Personal Jurisdiction Over an Out-of-State TCPA Defendant?

21 May 201922 May 2019
TCPA defendants often face the peril of being dragged into court in faraway venues. This can make defending the case difficult, needlessly expensive and may subject to the Defendant to…
Officer/Director Liability…

Turning a Corner: Officer Escapes TCPA Liability as Court Bucks Trend of Expanded Personal Liability

28 Mar 201929 Mar 2019
It’s one of the most unfair rules in all of American legal jurisprudence. In virtually every other context, an officer or director of a company engaging in illegal acts is…
Officer/Director Liability

Thinly Veiled Liability: District Court Finds Pro-Se TCPA Plaintiff’s Attempt To Pierce The Corporate Veil Plausible.

6 Mar 20197 Mar 2019
As if the TCPA was not scary enough, a magistrate judge in the Southern District of Texas recently recommended allowing claims to pierce the corporate veil and hold individuals personally…
Officer/Director Liability…

Great Escape: Corporate Officer Escapes TCPA Liability for Failing to Implement TCPA Compliance Policies

15 Feb 201928 Feb 2019
As I have written repeatedly, the TCPA is quite unfair to corporate officers who would usually have no liability for the acts of a corporate entity. In most tort situations,…
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TCPAworld.com isn’t just a blog, its a lifestyle obsession for those that eat, sleep, and breathe the TCPA like we do.

We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

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