Court overturns judgment in Las Vegas telemarketing case

By Cy Ryan

Monday, Jan. 19, 2015 | 3:18 p.m.

CARSON CITY — The Nevada Supreme Court has ruled that a Las Vegas company can be sued over allegations of violating a law against unwanted telemarketing calls, even if it did not make the calls itself.

The court said Paul D.S. Edwards should be allowed to proceed with a trial against Healthy Body Imaging for at least nine unsolicited calls he received after he had placed his name on a national do-not-call list.

The court ruled on Friday that District Court Judge Rob Bare was wrong to grant a pre-trial summary judgment for Healthy Body on grounds Edwards failed to present evidence to back up his claims.

Healthy Body Imaging, 9499 West Charleston Boulevard, maintained that it had contracted with a third party to make the calls and that company in turn subcontracted with another firm to make the calls, according to court documents.

The court said the federal Telephone Consumer Protection Act “would be thwarted if sellers were permitted to hide behind the illegal acts of their authorized telemarketer who may be located offshore or judgment proof.”

It said there are facts to be determined at trial whether the subcontracted company made the calls to Edwards and whether Healthy Body is liable for damages.

Edwards filed suit in May 2012 in Las Vegas claiming violations of federal and state laws involving unsolicited, auto-dialed or prerecorded messages to his home and cell phones.

Edwards of Las Vegas says he had his name on the national do-not-call list and that he recorded the telemarketing messages, according to court documents.

The case will return to District Court in Las Vegas for further proceedings.