Dish Asks 7th Circ. To Rethink Telemarketer Liability Ruling

Law360 (June 11, 2020, 9:57 PM EDT) -- Dish Network urged the Seventh Circuit on Wednesday to rehear its challenge to a judgment finding it liable for unlawful telemarketing calls made by contractors, arguing its decision to largely affirm the ruling caused a circuit split and "radically expands vicarious liability."

The appellate court's ruling that a lower court correctly found it liable for using retailers to make 66 million unlawful calls to consumers constituted a "seismic shift in the rules of agency and vicarious liability under federal law," Dish argued in a petition for a panel and full-court rehearing. The ruling also conflicts with current circuit precedent and splits...

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