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ARTICLE · 23 MAY 2024

TCPA Vicarious Liability

Klein Moynihan Turco LLP
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An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company ("State Farm") may be vicariously liable for alleged Telephone Consumer Protection Act ("TCPA") violations.

United StatesMedia, Telecoms, IT, Entertainment
David O. Klein
David O. Klein
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An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company ("State Farm") may be vicariously liable for alleged Telephone Consumer Protection Act ("TCPA") violations. In Nater v. State Farm Mutual Insurance Co., Plaintiff alleged that he received an unsolicited call from a third-party agency inquiring as to Plaintiff's interest in automotive insurance. The next day, Plaintiff received a text message from a third-party following up on his purported interest in auto insurance. State Farm moved to dismiss the complaint on several grounds, including that Plaintiff failed to state a colorable claim against State Farm. On May 14, 2024, the Court denied State Farm's motion.

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