Vendor Opposes Being Put on Hook for TCPA Damages if its Client Loses
Telemarketing vendor Buzz360 opposes the “crossclaim” asserted April 19 by Telephone Consumer Protection Act defendant the Republican Committee of Chester County (RCCC), Pennsylvania, seeking to put the vendor on the hook for TCPA damages if it loses the case (see…
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2304200009), said Buzz360's answer Thursday (docket 2:22-cv-05185) in U.S. District Court for Eastern Pennsylvania in Philadelphia. Plaintiff Mark Fidanza’s second amended complaint alleges the RCCC inundated Fidanza’s cellphone with 17 text messages between Oct. 19 and Nov. 8 during the run-up to the midterm elections, and it added Buzz360, the vendor the RCCC hired to send the text messages, as a co-defendant (see [Ref;2304060001]). Buzz360 asked the court to dismiss the RCCC’s crossclaim “in its entirety with prejudice,” and award the vendor “its reasonable attorney’s fees and costs incurred in defending this action,” said its answer.