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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

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