Henderson v. United Student Aid Funds, Inc., No. 17-55373 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's order granting summary judgment for USA Funds, holding that the district court incorrectly determined that a reasonable jury could not hold USA Funds vicariously liable for the debt collectors' alleged Telephone Consumer Protection Act (TCPA) violations. The panel held that USA Funds was not per se vicariously liable under FCC orders. However, the panel held that, under federal common law, there were genuine issues of material fact as to whether USA Funds ratified the debt collectors' calling practices and thus had a principal-agent relationship with the debt collectors.
The court issued a subsequent related opinion or order on May 6, 2019.