Third-party junk caller found liable

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 18, 2020 4:06 PM

Consolidated World Travel, operating as Holiday Cruise Line, tried to escape vicarious liability in a class action under the Telephone Consumer Protection Act, or TCPA, for calls with a computerized menu of prerecorded speech that a company in India made on its behalf as part of a scheme to peddle “free” cruises to the Bahamas — but based on federal common law principles of agency, U.S. District Judge Harry D. Leinenweber granted plaintiffs’ motion for summary judgment. Bakov v. Consolidated World …

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