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Solicitation of Goods & Services

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9th Circuit Finds Rule 68 Offer Does Not Moot Case; Finds Vicarious Liability under TCPA for Text Messages Sent

by Scott J. Hyman |

In Gomez v. Campbell–Ewald Co., --- F.3d ----, 2014 WL 4654478 (9th Cir. 2014), the Court of Appeals for the 9th Circuit reversed the district court's summary judgment in favor of a TCPA defendant marketing company. The message was the result of collaboration between the Navy and the Campbell–Ewald Company,FN1 a marketing consultant hired by the Navy to develop and execute a… Read More

District Court (Cal.) Says Auto-Dialed Calls for Health Care Webinar Not Subject to TCPA Because Not a Prohibited Solicitation for Goods or Services

by Scott J. Hyman |

In Friedman v. Torchmark Corp., 2013 WL 1629084 (S.D.Cal. 2013), Judge Gonzalez found auto-dialed calls to a consumer about a “recruiting webinar” “wherein Plaintiff could learn about [Defendant's] products and services in order to sell said products and services to other Americans who are in need of health or other similar insurance policies” was not a prohibited ‘unsolicited advertisement’ under… Read More

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