A new ruling in New York specifies that litigators can effectively go after well-intentioned individuals for TCPA violations, not just businesses. The ruling also extends prosecution beyond those who directly committed the violation. Anyone associated with the action, such as a supervisor or director could be held responsible.
The Southern District of New York, in Bais Yaakov of Spring Valley v. Graduation Source, LLC recently held that the TCPA does not only apply to business but also to its corporate officers and agents. This court held that individuals may be personally liable for TCPA violations “when they directly participated in, or personally authorized, the violative conduct.” The Court rejected the argument that personal liability is only attached to the people who actually made or sent the unlawful communications.
Ensuring that you are compliant with all Federal and State Do Not Call (DNC) regulations has never been more important. Make sure you’re protected! Contact us to learn how to mitigate your risk.