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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!