TCPA Applies To Cos., Not Just People: Ill. Court

Law360, New York (October 4, 2011, 9:35 PM EDT) -- An Illinois appeals court ruled Friday that an insurer had a duty to defend a software company in a Telephone Consumer Protection Act class action brought by a sign maker, rejecting the insurer's contention that the law did not protect businesses.

Pekin Insurance Co. had argued it should not have to defend XData Solutions Inc. in underlying litigation accusing the software company of sending unsolicited faxes. Illinois Supreme Court precedent held that only so-called natural persons, and not corporations, could suffer TCPA-related advertising injuries under insurance...
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