News & Analysis as of

Telephone Consumer Protection Act D&O Insurance

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

Holland & Knight LLP on

• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

Carlton Fields on

Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Polsinelli

Ninth Circuit Stuffs Policyholders on Defense of TCPA Class Actions

Polsinelli on

In a sweeping opinion in Los Angeles Lakers v. Federal Insurance Co., the Ninth Circuit on Aug. 23, held the Lakers are not entitled to insurance coverage for a class action lawsuit alleging claims under the Telephone...more

Nossaman LLP

The Ninth Circuit Bars Wrongful Act Coverage Against TCPA Claims Despite Strong Dissenting Opinion that Majority Misconstrued the...

Nossaman LLP on

On August 23, 2017, in a split Opinion, the Ninth Circuit issued its ruling in Los Angeles Lakers, Inc. v. Federal Ins. Co., Case No. 15-55777 (9th Cir. Aug. 22, 2017), an insurance coverage dispute related to an underlying...more

Ballard Spahr LLP

Ninth Circuit to Decide Key TCPA Insurance Issue

Ballard Spahr LLP on

The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Bryan Cave Leighton Paisner

Insurance Coverage and the Telephone Consumer Protection Act

The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of automated...more

King & Spalding

Mind The Gaps: Path To Privacy And Cyber Related Insurance Coverage Remains Uncertain

King & Spalding on

As lawsuits against companies for breach of privacy-related laws and cyber security failures continue to rise, the only thing that is certain is that it is uncertain just how much coverage is out there under commercial...more

Foley & Lardner LLP

D&O Policies: A Possibility for TCPA Coverage?

Foley & Lardner LLP on

Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at...more

Perkins Coie

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

Perkins Coie on

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending advertisements to consumers’ cell phones. With large-scale litigation...more

Morris James LLP

RSUI Indem. Co. v. Sempris LLC, C.A. No. N13C-10-096 MMJ CCLD (Del. Super. Ct. Sept. 3, 2014)

Morris James LLP on

In this case, brought in the Delaware Superior Court’s Complex Commercial Litigation Division, the Court considered whether RSUI Indemnity Co. (“RSUI”) owed insurance coverage obligations to Sempris, LLC (“Sempris”). RSUI...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2014 #2

D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs: Why it matters - In an important victory for directors and officers of a bankrupt company, a New York court...more

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