In Thomas v. Taco Bell, plaintiff alleged that she received text messages sent on behalf of defendant and in violation of the TCPA.  Defendant's motion to dismiss was granted, and plaintiff appealled.  The appellate court affirmed the dismissal, finding that defendant could not be directly liable under the TCPA because it did not make the "call", and that plaintiff failed to plausibly allege that defendant could be vicariously liable for the sending of the text messages because the sender was neither the agent of, or operating with the apparent authority of defendant.

Back to News & Resources