Vicarious Liability

"Do as I say, not as I do." It doesn't work. That's true for a recent TCPA decision denying a defendant's motion for summary judgment. See Williams v. Pillpack LLC,…

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…

Class Actions…

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

1 Sep 2020

Pleading a TCPA claim is usually not the tricky part for a plaintiff, and courts normally do not dismiss TCPA lawsuits on the pleadings alone. But a recent decision provides…

Uncategorized…

Postmates Delivers Big TCPA Win: Dismissal in Favor of Tech Giant Underscores High Vicarious Liability Bar in Ninth Circuit

5 Mar 20206 Mar 2020

Take it from a guy who has handled a case or a thousand in federal court—the Ninth Circuit is a tricky place to litigate. But for all of its pitfalls…

Vicarious Liability

Case Closed?: Not Quite Yet, But Serial TCPA Litigator Testing Court’s Patience

9 Aug 201912 Aug 2019

Well, no one can say that he did not get his day in Court. Plaintiff Ewing, a serial TCPA litigator who filed yet another case assigned to Judge Battaglia, narrowly…

Telemarketing…

Hard Sell: Sixth Circuit Denies Vicarious Liability for TCPA Violations Against Third-Parties Providing Back-End Services to Telemarketers

10 Jun 201910 Jun 2019

The limits of agency and vicarious liability are constantly being tested in TCPAWorld and a recent decision may give some guidance (and a breather) to third-parties who supply services to…

Vicarious Liability

Federal Common Law and the TCPA: Ninth Circuit Denies Rehearing in Henderson and Holds Federal Common Law of Agency, Not California Law, Controls in the TCPA

6 May 20197 May 2019

The Czar previously blogged about the Ninth Circuit’s Henderson decision and the seemingly harsh consequences it has for vicarious liability of creditors. See Henderson v. United Student Aid Funds, Inc.,…

Vicarious Liability

Another One Bites the Dust: Northern District of California Dismisses Complaint For Failure to Sufficiently Allege Defendant Made the Call at Issue

28 Mar 201928 Mar 2019

We have another one for your TCPAWorld.Last week, in Canary v. Youngevity Int’l, Inc., 2019 U.S. Dist. LEXIS 46429 (N.D. Cal. Mar. 20, 2019), Judge Davila in the Norther District…

Uncategorized…

Good Loss: Ninth Circuit Court of Appeal Confirms That Creditors Are Not Per Se Liable for Calls Placed by Collectors– but Rules Against Creditor Anyway

26 Mar 201927 Mar 2019

TCPAWorld has more than its fair share of raging debates: the definition of ATDS, whether contractual consent can be revoked, etc. Among the most frustrating – from my perspective –…

ATDS/Predictive Dialer Cases…

No Way Around It: Another ATDS Ruling in the Ninth Circuit Footprint Follows Marks

24 Jan 20197 Mar 2019

We know it has to happen, but it still hurts every time a district court in the Ninth Circuit follows Marks. Here's a quick report on the Hon. Cathy Ann…

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Category: Vicarious Liability

TCPA Quick Hitter: Contract Requiring TCPA Compliance Not Enough to Escape TCPA Liability

Trouble in New Mexico for a Company and Its Officer

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

Postmates Delivers Big TCPA Win: Dismissal in Favor of Tech Giant Underscores High Vicarious Liability Bar in Ninth Circuit

Case Closed?: Not Quite Yet, But Serial TCPA Litigator Testing Court’s Patience

Hard Sell: Sixth Circuit Denies Vicarious Liability for TCPA Violations Against Third-Parties Providing Back-End Services to Telemarketers

Federal Common Law and the TCPA: Ninth Circuit Denies Rehearing in Henderson and Holds Federal Common Law of Agency, Not California Law, Controls in the TCPA

Another One Bites the Dust: Northern District of California Dismisses Complaint For Failure to Sufficiently Allege Defendant Made the Call at Issue

Good Loss: Ninth Circuit Court of Appeal Confirms That Creditors Are Not Per Se Liable for Calls Placed by Collectors– but Rules Against Creditor Anyway

No Way Around It: Another ATDS Ruling in the Ninth Circuit Footprint Follows Marks