TCPA and fiduciary duties

The TCPA applied in Keel Recovery v. Tri County Adjusters because the suit was based on a police report–an act of petition. As to the prima facie case, the Fifth Court held:

“[W]hile Arion may have had a fiduciary duty to her employer, TCA, that does not mean she owed any fiduciary duty to Peters as owner of TCA. Arguably, to the extent Arion owed TCA a fiduciary duty, that duty was fulfilled by reporting Peters’ criminal activity that could subject TCA to negative consequences.” 

No. 05-19-00686-CV (Sept. 4, 2020) (mem. op.).