Posts tagged vicarious liability.
Jones v. All American Auto Protection, Inc., 3:14-cv-00199-LRH-WGC (D. Nev. Nov. 24, 2015) Plaintiff filed a class action lawsuit against Defendant, a provider and administrator of vehicle service contracts, seeking to hold it vicariously liable for text messages allegedly sent by a direct marketing vendor in purported violation of the TCPA. In passing on this issue, the Court recognized that even if Defendant did not physically send the text messages, it could still be held vicariously liable under federal common law principles of agency including: (1) Formal Agency; (2 ...

Jackson Five Star Catering, Inc. v. John R. Beason and Tax Connection Worldwide, LLC, No. 10-10010, 2013 WL 5966340 (E.D. Mich. Nov. 8, 2013) Pending before the Court were several motions, including Defendant business owner's motion for summary judgment, contending he could not be held individually liable for unsolicited fax advertisements sent by a third party on behalf of his company. Defendant argued that he could only be held individually liable if Plaintiff pierced the corporate veil. Rejecting this argument, the court noted that though the Sixth Circuit Court of Appeals has ...

Birchmeier v. Caribbean Cruise Line, Inc., 2012 WL 7062748 (N.D.Ill. Dec. 31, 2012) Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell ocean cruises. Defendants filed Motions to Dismiss, advancing multiple arguments, all of which were rejected. For example, Defendants argued that Plaintiffs ran afoul of Rule 8 by not distinguishing the role of each Defendant. But the court held that Plaintiffs alleged Defendants ...

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