The District Court for the Northern District of Illinois, in Black v. First Impression Interactive, Inc.[CTL1] , No. 21 C 3745, 2022 WL 169652 (Jan. 19, 2022), denied a motion to dismiss a TCPA claim and, in so doing, highlighted a potential split among authorities as to the extent of personal liability for corporate officers and employees.
Plaintiff brought suit against two individuals, “the only officers and employees of First Impression,” a defunct corporation that had dissolved prior to the lawsuit. Id. at *1. Because First Impression had dissolved and the defendants were named individually, the court considered three theories of personal liability: “(1) ʻvicarious liability’; (2) ‘relief defendants’; and (3) ‘personal participation.’” Id. at *2.