N.J. Judge Denies Motion to Dismiss TCPA Class Action Over Calls Made by Hired Vendor
U.S. District Judge Julien Neals for New Jersey in Newark denied defendant Plymouth Rock’s motion to dismiss plaintiff Robert Clough’s Telephone Consumer Protection Act class action, said the judge’s signed order Friday (docket 2:21-cv-19343). Clough, a New Hampshire resident, alleges…
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that Plymouth Rock, a New Jersey insurance company, hired a third-party vendor to place telemarketing calls promoting Plymouth Rock’s goods and services to phone numbers listed on the national do not call registry, said the order. Clough alleges receiving four such calls, it said. Plymouth Rock argues that he fails to allege sufficient facts to hold it vicariously liable for the calls placed by the vendor, “based on theories of actual authority, apparent authority, or ratification,” but the court disagrees, said the order. Clough’s allegations also are sufficient to state a claim that the vendor “had actual authority to promote Plymouth Rock’s goods and services through telemarketing calls when it made the alleged unlawful calls,” it said. Clough also sufficiently alleged that he didn’t consent to receive the calls, it said.