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Telephone Consumer Protection Act Liability Insurance

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

Insurance Update - April 17, 2023.

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Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention. The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more

Woodruff Sawyer

GL Coverage for BIPA Lawsuits: A Litigation Update (Part 2)

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Why is protecting biometric information so important? Biometrics rely on our physical features to securely gain access to sensitive data—think facial and iris/retina recognition, or fingerprint and even voice scanning. The...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

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The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

Eversheds Sutherland (US) LLP

Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit

An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more

Carlton Fields

As TCPA Class Actions Soar, Issues Emerge in TCPA Coverage for Claims

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Both the number of cases under the Telephone Consumer Protection Act (TCPA) and the types of practices that those cases challenge have mushroomed within the last several years. Yet a dedicated form of insurance against TCPA...more

Robinson+Cole Class Actions Insider

Can an Insurer Intervene in a Class Action to Protect Against a Collusive Settlement?

Liability insurers are sometimes faced with a difficult scenario: Their insured has been sued in a class action with potentially large stakes. The insurer believes they have no duty to defend and a denial of coverage is...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more

BakerHostetler

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

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On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - June 2014

Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims: Why it matters - We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...more

Manatt, Phelps & Phillips, LLP

TCPA Connect -- Dec 16, 2013

TCPA Fax Settlement Found Reasonable Despite Court’s Dismissal of Claims - A $6 million settlement in a Telephone Consumer Protection Act suit was reasonable, an Illinois federal court found, ordering two insurers to...more

BakerHostetler

Not Just Yet: Class Action Plaintiff Cannot Access Defendant’s Insurance Coverage

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On July 10, 2013, the Eastern District of Missouri Federal District Court refused to allow a class action plaintiff to directly access the defendant’s insurance coverage for plaintiff’s Telephone Consumer Protection Act...more

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