Pa. GOP Committee Seeks to Shift Blame for TCPA Violations to its Vendors
Vendors Buzz360 and Twilio, not the Republican Committee of Chester County (RCCC), Pennsylvania, that hired them, “are responsible and directly liable” to plaintiff Mark Fidanza “if his averments prove to be true” that his cellphone was inundated with RCCC text…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
messages in the runup to the 2022 midterm elections (see 2305040004), said the RCCC’s third-party Telephone Consumer Protection Act complaint Monday (docket 2:22-cv-05185) in U.S. District Court for Eastern Pennsylvania in Philadelphia. Onvoy, a Twilio subcontractor, “may also be responsible for the delivery of these messages,” and so would be directly liable to Fidanza, said the complaint. If Fidanza or his putative classes are successful in obtaining a judgment against the RCCC for any of the claims asserted in Fidanza’s second amended complaint, then third-party defendants Buzz360, Twilio and Onvoy “are jointly, severally, partially or solely responsible” to third-party plaintiff RCCC “for all or part of that judgment, including costs and fees,” it said. Any liability imposed on the RCCC by the court or a jury “is the sole or partial responsibility” of Buzz360, Twilio and Onvoy “due to violation of statute or rule, or for the commission of common law tort or other liability-producing conduct,” including their “negligence” or “recklessness,” it said.