Seventh Circuit Moves Vicarious Legal responsibility Statements Ahead – Media, Telecoms, IT, Leisure
Reversing dismissal, the U.S. Court of Appeals, Seventh Circuit
found that a plaintiff had adequately pled allegations of
vicarious liability to preserve his Telephone Purchaser Safety Act
(TCPA) suit alive.
Christopher Bilek received two unauthorized robocalls. A
prerecorded concept allegedly solicited wellness insurance plan and
instructed Bilek to press 1 to be linked to a consultant.
When he pressed 1, Bilek was allegedly linked to a reside agent
who presented a estimate for overall health insurance underwritten by Federal
Coverage Corporation (FIC) and facilitated by Wellbeing Insurance plan
Improvements (HII).
Bilek sued FIC and HII for managing afoul of the TCPA and
Illinois’s point out analog on a vicarious liability idea,
saying that the defendants’ brokers produced the calls.
To assist his allegations, Bilek alleged a net of enterprise
associations: FIC contracted with HII to offer its coverage, HII
employed guide generators to effectuate telemarketing, and the guide
turbines produced