Written by Dwayne Sam

Companies that rely on third parties to market products could face legal exposure under the Telephone Consumer Protection Act (TCPA) when those third-party agents call, text or fax consumers without the requisite consent. Under such circumstances, TCPA liability turn on issues of vicarious liability. A party may be held vicariously liable under federal common law principles of agency for TCPA violations committed by third-party telemarketers. Courts typically analyze vicarious liability under three common law principles of agency: actual authority, apparent authority, and ratification.