Online Insurance Shopper Not Liable For Calls Made Before it Owned Lead Source – TCPAWorld

Hanging out right here at Lead Era World watching an amazing panel whereas scanning the current TCPA rulings I picked up this case involving SelectQuote and it was fairly apropos.

There may be a lot MONEY on the market today. Looks like everyone seems to be in acquisition mode. Nicely what occurs while you purchase an organization that has (maybe) made some errors previously? Are you all the time chargeable for actions that passed off earlier than the acquisition?

The reply to that query is definitely a reasonably complicated one turning on the nuance of company legislation, however in TCPAWorld a brand new case means that legal responsibility doesn’t all the time comply with the cash…

In Zean v SelectQuote, Case No. 19-CV-2958 (NEB/TNL), 2022 U.S. Dist. LEXIS 6978 (Jan. 13, 2022) the Plaintiff complained that he had obtained a collection of calls designed to have him try a web site for closing bills. He claims the calls have been made utilizing an ATDS and that he didn’t consent to their receipt.

The web site at subject “burialexpense.com” was later bought by SelectQuote. So the Plaintiff sued SelectQuote arguing that it was each straight and vicariously chargeable for the calls made by the be.com’s distributors earlier than it was bought.

The Court docket was not shopping for it. Because the Court docket defined issues there was merely no proof that SelectQuote was straight concerned with the web site on the time the calls have been made. And there was no proof SelectQuote was exercising any management over the web site on the time the calls have been made–so company and different vicarious legal responsibility theories fell aside on the threshold.

Notably the Court docket didn’t analyze conventional company legal responsibility theories relevant within the assert buy context–presumably as a result of the Plaintiff didn’t elevate these points–so there may be extra threat right here than meets the attention.

Nonetheless Zean exhibits that corporations in “acquisition mode” don’t essentially purchase the dangerous with the great.

We’ll control this.

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