Humana Can’t Be Held Vicariously Liable for Vendor’s TCPA Wrongdoing, Says Its Reply

Plaintiff Antionette Woodard’s complaint fails to properly allege Humana is vicariously liable for the Telephone Consumer Protection Act wrongdoing of telemarketing vendor Healthubb, said Humana’s reply Tuesday (docket 1:23-cv-00979) in U.S. District Court for Northern Illinois in Chicago in support of its motion to dismiss for lack of personal jurisdiction (see 2304280006). Humana never hired Healthubb for a marketing campaign, nor did it ever permit Healthubb to access its systems or otherwise directly transfer calls to Humana agents, said the reply. It also never paid Healthubb for leads or call transfers, or authorized Healthubb to promote its products, it said. Woodard fails to challenge any of those factual statements, it said. Humana doesn’t have a marketing relationship with Healthubb and wasn’t aware of Healthubb’s calling activities, it said.