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Q1 Employer Liability for Sexual Harassment. Many of us have worked as employees. Some of us have acted as independent contractors as we run our own businesses. Have you ever considered who is liable for your tortious actions? Here is your chance. We have heard the names of many prominent men facing allegations of sexual harassment. Some employers have fired them. Other employers have allowed the men to resign. Many survivors have found their voice by sharing their stories publicly, while others have chosen other methods for addressing their losses. What about the employers or principals? What are the possible bases for holding the employers or principals liable for the actions of their employees or agents? Consider the subject of this Module and describe how you would analyze the liability of employers or principals? Q2 from Chapter 45. In June 2013, Paul M. Stelmachers took a taxicab ride in Las Vegas, Nevada, and paid for the cab fare with his credit card. A VeriFone Systems, Inc., product was used to receive payment in the taxicab. Stelmachers noticed that the computer-generated receipt displayed more than the last five digits of his credit card. In November 2014, Stelmachers filed an instant class action suit against VeriFone, asserting that VeriFone had violated the Fair and Accurate Credit Transaction Act of 2003. VeriFone responded by filing a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). In its motion, VeriFone stated three arguments: (1) FACTA does not prohibit merchants from printing the first digit of a credit card number; (2) Plaintiff cannot plausibly allege that VeriFone willfully violated FACTA and thus cannot seek statutory damages; and (3) Plaintiff sued the wrong party because FACTA does not apply to point-of-sale system providers like VeriFone. What do you think of VeriFone's argument? Which argument did the court deem most important and why? How did the court rule? Explain the court's reasoning. [Stelmachers v. VeriFone Systems, Inc., 2015 U.S. Dist. LEXIS 16385.]

Q1 Employer Liability for Sexual Harassment. Many of us have worked as employees. Some of us have acted as independent contractors as we run our own businesses. Have you ever considered who is liable for your tortious actions? Here is your chance. We have heard the names of many prominent men facing allegations of sexual harassment. Some employers have fired them. Other employers have allowed the men to resign. Many survivors have found their voice by sharing their stories publicly, while others have chosen other methods for addressing their losses. What about the employers or principals? What are the possible bases for holding the employers or principals liable for the actions of their employees or agents? Consider the subject of this Module and describe how you would analyze the liability of employers or principals?

Q2 from Chapter 45. In June 2013, Paul M. Stelmachers took a taxicab ride in Las Vegas, Nevada, and paid for the cab fare with his credit card. A VeriFone Systems, Inc., product was used to receive payment in the taxicab. Stelmachers noticed that the computer-generated receipt displayed more than the last five digits of his credit card. In November 2014, Stelmachers filed an instant class action suit against VeriFone, asserting that VeriFone had violated the Fair and Accurate Credit Transaction Act of 2003. VeriFone responded by filing a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). In its motion, VeriFone stated three arguments: (1) FACTA does not prohibit merchants from printing the first digit of a credit card number; (2) Plaintiff cannot plausibly allege that VeriFone willfully violated FACTA and thus cannot seek statutory damages; and (3) Plaintiff sued the wrong party because FACTA does not apply to point-of-sale system providers like VeriFone. What do you think of VeriFone's argument? Which argument did the court deem most important and why? How did the court rule? Explain the court's reasoning. [Stelmachers v. VeriFone Systems, Inc., 2015 U.S. Dist. LEXIS 16385.]

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