Lead Generator Must Indemnify TCPA Defendant

A lead generator must indemnify a Telephone Consumer Protection Act (TCPA) codefendant after an Illinois federal court granted summary judgment in favor of the codefendant.

Torchlight Technology Group, a provider of marketing services to companies in the insurance and specialty finance industries, hired Call Centrix to transfer consumer leads who had provided valid written consent to receive telemarketing calls about insurance and financial products. Call Centrix then outsourced its services to vendors that provided telemarketing agents.

Torchlight and Call Centrix signed an agreement that included multiple representations and warranties. Specifically, Call Centrix represented that all consumers whose calls it transferred to Torchlight gave valid express written consent to receive telemarketing calls about insurance and financial products, as required by the TCPA and National Do Not Call Registry requirements.