9th Circ. Eases TCPA Risks For Deep-Pocketed Companies
Richmond partner David Anthony was quoted in a July 10 Law360 article about a three-judge appeals panel unanimously affirming a prior decision that Taco Bell was not vicariously liable for unauthorized text messages that were supposedly sent to thousands of individuals from an advertising association of local Chicago Taco Bell owners and its partners. Some industry experts believe this will ultimately be of assistance to major corporations that can pay hefty statutory damages available under the TCPA but had no knowledge they were sending unlawful communications in lawsuits seeking to hold them liable under a vicarious liability theory.
“Although the Ninth Circuit ultimately upheld the lower court’s finding that there was no vicarious liability under the facts of the case,” David cautioned, “it opened the door to vicarious liability actions under the TCPA upon proper pleading and proof.”