Telephone Consumer Protection Act

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 ...