In Kristensen v. Credit Payment Services, Inc., --- F.3d ---, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text messages sent in connection with marketing campaigns.
Plaintiff Flemming Kristensen received a text message containing a link to apply for a loan. The text was generated in connection with a marketing campaign undertaken by three lenders, Enova International, Inc., Pioneer Financial Services, Inc., and Credit Payment Services, Inc. Each lender entered ...