Spencer Fane LLP Logo

Pat McLaughlin Reviews Ninth Circuit TCPA Decision Affecting Sellers Using Telemarketers

In an article published in Law360, Spencer Fane partner Pat McLaughlin updates readers on a recent ruling by the United States Court of Appeals for the Ninth Circuit holding that a seller was not vicariously liable for calls made by a telemarketer in violation of the Telephone Consumer Protection Act (TCPA) because the telemarketer was an independent contractor.

In the article, Pat suggests that “sellers should review their contracts and make sure the telemarketers they use are independent contractors, both by the express terms of their contracts and also, more importantly, by the amount of control the seller retains over the manner and means of the telemarketing calls.”

You can read the entire article here.

Pat McLaughlin is a commercial litigator who defends clients against individual and class action consumer cases based on the FDCPA and the TCPA.