Vicarious liability under the Telephone Consumer Protection Act (TCPA) refers to a situation where a company can be held legally responsible for the actions of a third party, such as a vendor or contractor, who engages in unlawful telemarketing on the company's behalf. Even if the company did not directly place the calls or send the messages, it may still be liable if the third party violates TCPA regulations, especially when the company benefits from or controls the telemarketing activities.
The Federal Communications Commission (FCC) has made it clear that companies cannot avoid liability by outsourcing telemarketing operations to third parties.