Hodgin v. UTC Fire & Security Americas Corp., No. 17-1222 (4th Cir. 2018)Annotate this Case
Plaintiffs filed suit against UTC and Honeywell under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, alleging that the companies were vicariously liable for illegal calls made by telemarketers promoting UTC and Honeywell products. The Fourth Circuit affirmed the district court's denial of the Federal Rule of Civil Procedure 56(d) motion because plaintiffs failed to show that they did not have an opportunity to discover specific evidence that was essential to their opposition to summary judgment. The court also affirmed the district court's grant of summary judgment because plaintiffs failed to proffer more than a scintilla of evidence to support the conclusion that UTC and Honeywell were vicariously liable for the telemarketers' alleged TCPA violations.