Antitrust Law Daily Wrap Up, PRIVACY—SDWV: Vicarious Liability Doctrine Applies to Telephone Consumer Protection Act , (Apr 2, 2013)
Law Firms Mentioned:Broderick Law | Spilman Thomas & Battle
Organizations Mentioned:Honeywell | Honeywell International, Inc. | ISI Alarms NC, Inc. | Spilman Thomas & Battle, PLLC
By Jody Coultas, J.D.
Honeywell International, Inc. could be held vicariously liable for calls made by its authorized dealers that allegedly violated the Telephone Consumer Protection Act (TCPA), according to the federal district court in Charleston, West Virginia (Mey v. Honeywell International, Inc., March 29, 2013, Copenhaver, J.).
Honeywell markets and distributes products using a distribution network of authorized dealers. A consumer received at least 18 telemarketing calls from or on behalf of Honeywell and ISI Alarms NC, Inc to telephone numbers listed on the National Do Not Call list. The calls were made by live telemarketers and automatic telephone dialing systems that delivered a prerecorded message. The telemarketers identified themselves as Honeywell representatives or that of "ISI Honeywell." The consumer alleged the calls violated the TCPA.
Although the TCPA does not mention vicarious liability, the court held that Honeywell could be held vicariously liable for possible TCPA violations by its agents. The court presumed that Congress intended to apply the traditional standards of vicarious liability, including the alter ego and agency doctrines. A principal may be held vicariously liable for the torts of its agents committed in the course or scope of the agency or employment. Vicarious liability may also be invoked to hold a general partner or joint venturer liable for torts committed by other general partners or joint venturers. Based on the relationship between Honeywell and its agents, the doctrine applied and the consumer could bring TCPA claims against Honeywell for calls made by those agents.
The consumer also stated TCPA claims against Honeywell directly, according to the court, based on allegations that some of the calls came directly from Honeywell.
The case is No. 2:12-1721.
Attorneys: Edward A. Broderick (Broderick Law) for Diana Mey. Alexander Macia (Spilman Thomas & Battle) for Honeywell International, Inc.
Companies: Honeywell International, Inc.; ISI Alarms NC, Inc.
Cases: ConsumerProtection Privacy WestVirginiaNews