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Vicarious Liability

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District Court (Ohio) Says Just Because Business’ Name is Featured on Fax Does Not Mean that Business “Sent” It Under TCPA

by Scott J. Hyman |

In Comprehensive Health Care Systems of Palm Beaches, Inc. v. Vitaminerals VM/Orthopedics, Ltd., 2017 WL 27263, at *4–6 (N.D.Ohio, 2017), Judge Burke dismissed a TCPA blast-fax against a defendant on whose behalf the fax allegedly was sent. Hygenic submits that these allegations are insufficient to state a claim that Hygenic is liable under the TCPA because the Amended Complaint generically lumps… Read More

District Court (Mich.) Says Auto Finance Company’s Fax to Plaintiff Stated a Claim Under TCPA’s Junk Fax Prohibitions

by Scott J. Hyman |

In Vinny's Landscaping, Inc. v. United Auto Credit Corporation, 2016 WL 4801276, at *3 (E.D.Mich., 2016), Judge Cox allowed a TCPA-Junk Fax case past the pleading stage against an automobile finance company. The Sixth Circuit first addressed the issue of whether or not a fax constitutes an advertisement under the TCPA in 2015. See Sandusky Wellness Center, LLC v. Medco… Read More

District Court (Cal.) Says TCPA Blast-Fax Allegations Were Sufficient to Reach Defendant’s CEO

by Scott J. Hyman |

In Mora v. Zeta Interactive Corp., 2016 WL 3477222, at *2-3 (E.D.Cal., 2016), Judge Drozd denied a motion to dismiss filed by a TCPA blast-fax's CEO who was named in a TCPA case against his company. In the instant case, defendants argue that the allegations specifically leveled against defendant Steinberg lack details of his direct participation in any wrongdoing and… Read More

6th Cir. Expands Vicarious Liability in TCPA Blast-Fax Case

by Scott J. Hyman |

In Siding and Insulation Co. v. Alco Vending, Inc., 2016 WL 2620507, at *4-5 (C.A.6 (Ohio),2016), the Court of Appeals for the Sixth Circuit held that the FCC's 2006 amended definition of "sender" did not apply retroactively to faxes sent in 2005.  More importantly, however, the Court of Appeals found that common law agency principles did not govern the concept… Read More

7th Cir. Affirms Rejection of Imposition of Vicarious Liability on Principal in Blast-Fax Case; Trial Testimony Was that Scope of Agency Was Limited, and Liability Could Not Be Imposed Beyond Such Scope

by Scott J. Hyman |

In Bridgeview Health Care Center, Ltd. v. Clark, 2016 WL 1085233, at *2-3 (7th Cir. 2016), the Court of Appeals for the Seventh Circuit affirmed the District Court's rejection of agency liability under the TCPA, where the authority to the agent was limited. In determining what theory should govern Clark's liability, the trial court correctly rejected strict liability by recognizing that… Read More

District Court (Ill.) Dismisses TCPA Fax Case; Plaintiff Must Allege More than Merely that the Defendant’s Products Were Advertised in the Fax

by Scott J. Hyman |

In Urban Elevator Service, Inc. v. Stryker Lubricant Distributors, Inc., 2015 WL 6736676, at *1-2 (N.D.Ill., 2015), Judge Shah found granted a Motion to Dismiss a TCPA blast-fax class action against one defendant who claimed that it was not responsible for the sending of the fax at issue. In response, plaintiff argues that—by pleading “Defendants” sent the fax—it did allege Sinopec USA… Read More

6th Cir. Finds Art. III Standing for TCPA Class Plaintiff; Finds Defendant Directly, rather than Vicariously, Liable for Unsolicited Faxes

by Scott J. Hyman |

In Imhoff Investment, L.L.C. v. Alfoccino, Inc., 2015 WL 4079438,(6th Cir. 2015), the Court of Appeals for the 6th Circuit found Article III standing for a TCPA class plaintiff, and imposed direct, rather than vicarious, liability on a company on whose behalf an unsolicited fax was sent.  The Sixth Circuit Court of Appeals summarized its holding as follows: Plaintiff Avio, Inc. alleges… Read More