Telephone Consumer Protection Act Unsolicited Faxes

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
News & Analysis as of

Sixth Circuit Prints Out Victory for Recipients of Fax-Blasting

An unsolicited fax comes into your business, but via your computer’s network, not on an old-fashioned fax machine. Nothing prints out on paper, but someone still has to deal with the unwanted advertisement. What’s been...more

FCC Seeks Comment on Petitions Concerning the FCC’s Rule on Opt-Out Notices for Fax Advertisements

On July 25, 2014, the FCC issued a Public Notice seeking comment on five petitions, filed by American Caresource Holdings, Inc. (“ACH”), CARFAX, Inc.(“CARFAX”), UnitedHealth Group, Inc. (“UnitedHealth”), MedLearning, Inc. and...more

Sixth Circuit Affirms Class Certification in TCPA Case

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products...more

Sixth Circuit Vacates Denial of Class Certification in Blast Fax Case

Plaintiff Sandusky Wellness Center (“Sandusky Wellness”) had alleged that defendants Wagner Wellness, Inc., and its owner, Robert Wagner (collectively “Wagner”), had violated Section 227 of the TCPA by purchasing a list of...more

Illinois “Blasts” Non-TCPA Causes of Action Out of Coverage

In G.M. Sign, Inc. v. State Farm Fire & Cas. Co., 2014 IL App (2d) 130593 (May 2, 2014), the Illinois appellate court enforced a policy’s Violation of Statutes Exclusion endorsement to preclude coverage for a settlement...more

N.D. Ohio Finds Putative Fax Blast Class Action Fails to Meet Commonality Requirement

A district court in the Northern District of Ohio recently denied a plaintiff’s motion for class certification in a TCPA blast fax case, finding that the proposed class failed to meet the commonality requirement under Federal...more

Legal Alert: My Brother’s TCPA Keeper? Recent Cases Highlight Third-Party Risk Under the Telephone Consumer Protection Act

Early 2014 has produced a series of court decisions highlighting third-party liability issues under the Telephone Consumer Protection Act (TCPA). In February, the U.S. Supreme Court declined to hear a case about liability for...more

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more

It’s All in the Delivery – Proper Renewal Saves Millions

In Windmill Nursing Pavilion Ltd. v. Cincinnati Ins. Co., (No. 1-12-2431), the Illinois Court of Appeals concluded that under Ohio law, Cincinnati Insurance Company (“Cincinnati”) provided sufficient notice to its insured,...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

Second Circuit: TCPA Class Actions Permitted in New York Federal Courts

A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case...more

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

Florida District Court Dismisses Class Action Complaint Against Tampa Bay Buccaneers Due Rule 68 Offer Of Judgment

Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013). Three dentists, a pest control service and two other alleged recipients of unsolicited faxes...more

Insurance Recovery Law -- Nov 14, 2013

In A New York State Of Mind . . . For Expanded Vandalism Coverage - Why it matters: Property owners in New York with coverage for vandalism will be pleased with the Georgitsi Realty LLC v. Penn-Star Insurance Company...more

Michigan Court Holds Business Owner Individually Liable For TCPA Violation But Denies Request For Treble Damages

Jackson Five Star Catering, Inc. v. John R. Beason and Tax Connection Worldwide, LLC, No. 10-10010, 2013 WL 5966340 (E.D. Mich. Nov. 8, 2013) - Pending before the Court were several motions, including Defendant...more

TCPA Class Action Settlements in Illinois—the Dispute Between Client and Insurer Rages On

On October 31, 2013, the Northern District of Illinois forced two insurers to cover a $6 million settlement of a TCPA class action despite claims that their insured, M&M Retail Center, Inc., settled for an inflated amount it...more

A Class Action By Any Other Name Is Still a Class Action….

In a case with interesting implications for class action practitioners, the Seventh Circuit recently ruled against plaintiff Addison Automatics (Addison) in its attempt to dodge federal court jurisdiction (see Addison...more

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more

Massachusetts District Court Dismisses TCPA Claim, Holding Fax Simply Provided Information About Services Already Available

Physicians HealthSource, Inc. v. Multiplan Services, Corp., No. 12-11693-GAO, 2013 WL 2599134 (D. Mass. Sept. 18, 2013) According to the Complaint, Plaintiff did not give Defendant permission to send it faxes. The TCPA...more

New Jersey Judge Certifies TCPA Junk Fax Class

In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. §...more

Seventh Circuit Affirms Class Action Holding Fax Was Advertisement

A class action complaint was filed against Defendant who sent 8,430 faxes to more than 200 people containing business advise. The trial court granted judgment against Defendant in the amount of $4,215,000, which Defendant...more

Western District Joins Courts Strictly Enforcing Telephone Consumer Protection Act

In American Copper & Brass Inc. v. Lake City Industrial Products Inc., the United States District Court for the Western District of Michigan joined numerous other federal courts, holding that the Telephone Consumer Protection...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

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

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

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