Sellers Are Not Liable For Independent Contractors' Calls

Law360, New York (August 25, 2017, 12:54 PM EDT) -- In a recent decision that may affect any company that sells products or services using telemarketers, the United States Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in Jones v. Royal Admin. Servs. Inc. in favor of a product seller, holding the seller was not vicariously liable for calls made by a telemarketer in violation of the Telephone Consumer Protection Act[1] (TCPA) because the telemarketer was an independent contractor.

Based on this decision, we recommend that sellers should review their contracts and make sure the telemarketers they use are independent contractors, both by the...

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