Consumer Protection

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News & Analysis as of June 19, 2013

Liquidated Damages For Junk Faxes Are Insurable in Illinois

by Kirk Jenkins | Sedgwick LLP on 6/4/2013

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

by Judy Selby | BakerHostetler on 6/4/2013

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

Illinois Supreme Court Holds TCPA Damages Not Punitive

by Traub Lieberman Straus & Shrewsberry LLP on 5/24/2013

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

by Kirk Jenkins | Sedgwick LLP on 4/1/2013

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy

by Traub Lieberman Straus & Shrewsberry LLP on 2/22/2013

In its recent decision in BCS Ins. Co. v. Big Thyme Enters., 2013 U.S. Dist. LEXIS 20051 (D.S.C. Feb. 14, 2013), the United States District Court for the District of South Carolina had occasion to consider whether an alleged...more

Are Federal Junk Fax Damages Insurable in Illinois?

by Sedgwick LLP on 10/5/2012

In the final days of its September term, the Illinois Supreme Court allowed a petition for review in Standard Mutual Insurance Co. v. Lay. In Lay, the Court will decide whether the Federal statutory penalty for sending junk...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

by Sedgwick LLP on 8/4/2011

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...more