iSo there is an ongoing battle in TCPAWorld over whether a platform or carrier can be liable for illegal calls that are made by users of its network.
Well Chase Data was just on the wrong side of a ruling in a TCPA case brought by the infamous Andrew Perrong himself.
In Perrong v. Chase Data, 2024 WL 329933 (E.D. Pa. Jan 26, 2024) defendant moved to dismiss arguing Plaintiff failed to allege facts demonstrating a carrier can be liable for the calls made by the personal injury lead generators that had called Perrong.
But the Court disagreed holding the alleged fact that the DIDs had been supplied by Chase coupled with allegations Chase provided “intimate support for their customers’ campaigns” and “hold[s] their customers’ hands was plausibly sufficient to create carrier liability.
This is a really good case for folks to keep in mind. Platforms and carriers need to avoid being so intertwined with their customers’ calling practices that they could be seen as initiating the calls themselves. Providing assistance and white glove service might be a good idea from a business perspective but it is often a bad idea from a liability perspective.
