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Dreitzer Prevailed Before Ninth Circuit in First Published Decision to Define and Apply Standards for Vicarious Liability under TCPA

September 11, 2017

Richard Dreitzer (Partner-Las Vegas) received the first published decision from the Ninth Circuit Court of Appeals that clearly defines and applies the standards for vicarious liability under the Telephone Consumer Protection Act (TCPA). The plaintiffs, potential class representatives, allegedly received telephone calls from a telemarketing company alleged to have violated the TCPA. Plaintiffs sought to hold Wilson Elser’s client, a seller of vehicle service contracts for cars, vicariously liable for the calls, claiming that the telemarketing company had been acting as agent for the sale of insurance products. Liability in the matter had the potential to reach in excess of eight figures. Richard and Don first obtained summary judgment before the U.S. District Court in Reno, Nevada. Then after the plaintiffs appealed to the Ninth Circuit and the matter was well briefed, Richard provided oral argument that the Ninth Circuit adopted in their opinion affirming the summary judgment decision in all respects and clarifying the law favorable to insurance producers throughout the Ninth Circuit. Prior Ninth Circuit decisions on this point had been unpublished, limited to narrow factual circumstances, and/or borrowed from the approaches of administrative agency rulings. 

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