Case Explained: FinalOpinion in case# 25-1518

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-06-24 The seventh-circuit affirmed the district court’s denial of class certification but reversed the grant of summary judgment in favor of the plaintiff, Robert Hossfeld, holding that Allstate Insurance Company was not vicariously liable for TCPA violations committed by Atlantic Telemarketing Center. The court applied federal common law agency principles under the Restatement (Third) of Agency to determine liability, concluding that Hossfeld failed to present evidence that the telemarketer Transfer Kings possessed actual authority to appoint Atlantic as a subagent on Allstate’s behalf, nor did he establish apparent authority or ratification by Allstate. Regarding the standard for treble damages, the court clarified that “willful” violations of the TCPA require conduct committed with knowledge or reckless disregard for the law, rejecting the district court’s narrower “volitional” standard and finding no evidence that Allstate acted willfully. Practically, the case is remanded to the district court to enter judgment in favor of Allstate, ending Hossfeld’s individual claim for damages while leaving his class action motion denied. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.