Telephone Marketer Says It Shouldn't Indemnify SiriusXM in TCPA Row

SiriusXM can't recover damages caused by its own wrongdoing when it told a telephone marketer there was an existing business relationship with someone now suing SiriusXM for marketing calls, third-party defendant Sykes Enterprises said in an answer (in Pacer) Wednesday. It replied to the Sirius' third-party complaint filed earlier last month. Kevin Pine, of Carlsbad, California, is one of the named plaintiffs in a Telephone Consumer Protection Act complaint filed in February against SiriusXM. The company complaint May 1 said marketing vendors contractually promised to indemnify and hold it harmless from various claims including TCPA claims. Sykes said if it improperly called Pine, it was at SiriusXM's direction and it's not obligated to indemnify SiriusXM. Other third-party defendants include DialAmerica Marketing, ServiCom and Results Cos. SiriusXM outside counsel didn't comment Thursday.