Las Vegas Sun

October 19, 2017

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Court: Company not liable for phone solicitations by contractor

CARSON CITY — A federal appeals court has ruled that a company could not be sued if independent contractors violated telemarketing laws in making calls to consumers registered in the federal do-not-call program.

Charles Jones and Josh Wilson filed a class-action suit alleging they received at least four sales robocalls in 2014, despite being on the do-not-call list.

The 9th U.S. Circuit Court of Appeals ruled Wednesday that Royal Administration Services could not be sued, because it was not responsible for workers with the telemarketing firm, All American Auto Protection Inc., whose agents made the calls.

Royal, which sells vehicle service contracts, entered into a contract with American in October 2011 to solicit business through telephone calls.

The federal Telephone Consumer Protection Act prohibits making phone solicitations to anyone on the national do-not-call list.