9th Circ. Won't Restore TCPA Claims Against Car Warranty Co.

Law360, New York (August 10, 2017, 3:08 PM EDT) -- The Ninth Circuit on Wednesday declined to reinstate consumers’ telemarketing lawsuit against a company that sells car warranties, finding that Royal Administration Services Inc. could not be held liable for unsolicited calls made by independent contractors.

In a 15-page published opinion, Judges Mary M. Schroeder, Dennis Michael Fisher and Norman Randy Smith found that a Nevada federal court correctly determined that telemarketers from All American Auto Protection Inc. were not acting as agents but as contractors of Royal.

Writing for the court, Judge Smith said Royal had no control over the sales pitch AAAP used during its calls and so could...

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