The Telephone Consumer Protection Act - Reed Smith
The Telephone Consumer Protection Act - Reed Smith
The Telephone Consumer Protection Act - Reed Smith
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Vicarious Liability Defense<br />
• Federal common law of agency applies<br />
• Independent contractors: Company must direct or control the<br />
manner and means by which the calls were made or faxes<br />
were sent<br />
• Employees: Depends on scope of employment<br />
• Even prohibited acts may be within the scope of employment<br />
• May depend on whether the employer knew about the employee’s<br />
actions