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 ...

Edwards v. National Credit Adjusters, LLC, Nos.59081, 59406, 2012 WL 5851288 (Nev. Nov. 16, 2012) The issue before the court was whether Plaintiff's prior express consent to call his land line equated consent to call that number when ported to his cell phone. Noting that Plaintiff never advised the creditor of the transfer, the Nevada Supreme Court affirmed summary judgment in Defendant's favor stating "Appellant admits that he gave consent to be contacted at the telephone number at issue, and “'[a]although the TCPA generally prohibits autodialed calls to wireless phones, it also ...