Federal Trade Commission v. Day Pacer, LLC

In a consolidated appeal, the defendant companies were subject to a civil enforcement action after they made millions of telemarketing calls to consumers who were on the National Do Not Call Registry. The district court found the defendants liable on summary judgment and awarded civil penalties and the defendants appealed both the liability findings as well as the damages award. The Seventh Circuit affirmed the liability findings, explaining that there was no genuine issue of material fact that their practices were prohibited by federal regulation. But the appellate court reversed and remanded the district court’s decision to substitute an individual defendant’s estate upon his death because it was a penal action that did not survive the defendant’s death. (JACKSON-AKIWUMI and KOLAR, concurring)