A month into 2022 and the courts have already been busy with notable Telephone Consumer Act (TCPA) cases. Let’s examine some particularly notable case studies from the month of January.
Tag: Personal Liability
The TCPA and Personal Liability
Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.
Just In Time for the Holidays, Court Allows Corporate Officer to Be Personally Sued
In what is becoming something of a December tradition, a court played the role of Bad Santa by allowing a plaintiff to name a corporate officer as personally liable in a Telephone Consumer Protection Act (TCPA) case.
Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk. Once case—Ramsey v. Receivables Performance Mgmt., LLC, Case No. 1:16-cv-1059, 2020 U.S. Dist. LEXIS 236094 (S.D. Oh.… Continue reading Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
Examining the Strategies of a TCPA Litigator
This article covers some of the most frequently used techniques by litigators, the sorts of businesses that they target, and some of the most prominent and illustrative TCPA judgments and settlements.
Did you know that your neck could be on the line?
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… Continue reading Did you know that your neck could be on the line?