Mo. High Court Holds TCPA Damages Are Not Fines

Law360, New York (August 19, 2013, 4:17 PM ET) -- Missouri's highest court held last week that statutory damages under the Telephone Consumer Protection Act are not fines, dealing an $8.4 million blow to an insurer that refused to defend a junk fax class action.

The Missouri Supreme Court ruled on Aug. 13 that Columbia Casualty Co. should have defended HIAR Holding LLC against a class action brought by the recipients of unwanted fax advertisements sent by the hotel owner. The court turned down Columbia's argument that the $500 in damages for each TCPA violation was...
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