Consumer Law:Telephone Consumer Protection Act-Standing-Personal Liability

Defendant James Leininger financed a firm; the marketing company for the film hired defendant ccAdvertising to conduct a telephone marketing campaign. The company made 3.2 million phone calls in one week; plaintiffs received two of the messages and sued the parties involved with the film and its marketing campaign for violating the Telephone Consumer Protection Act.

Where the TCPA was intended to prevent the nuisance of unwanted telemarketing calls, plaintiffs had Article III standing based on their receipt of several messages but could not impose direct liability, only agency liability, against an individual defendant corporate officer who did not initiate the unsolicited calls.

Judgment is affirmed.

Golan v. FreeEats.com Inc. (MLW No. 73572/Case No. 17-3156 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Eastern District of Missouri, Webber, J. (Kevin M. Carnie Jr., of Saint Louis for appellant; John G. Simon, of Saint Louis, Patrick R. McPhail of Saint Louis, Robert Schultz, of Chesterfield, Ronald J. Eisenberg, of Chesterfield, and Brian A. Abramson, of Houston, TX on brief) (Brian L. Schwalb, of Washington, DC for appellee James R. Leininger, M.D.; Ari N. Rothman, of Washington, DC, Stephen R Freeland, of Washington, DC, Justin Nemeroff, of Washington, DC, John W. Moticka, of Saint Louis, and J. Nicci Warr, of Saint Louis on brief; Teresa Michelle Young, of Saint Louis for appellees FreeEats.Com and AIC Communications, LLC)