Law360, New York (March 17, 2014, 6:47 PM EDT) -- The threat to many American businesses posed by the Telephone Consumer Protection Act is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the consent of the recipient or using an automatic telephone dialing system in a manner prohibited by the TCPA. Under certain circumstances, the TCPA imposes strict liability and permits recovery of $500 for each violation and up to $1,500 for each willful violation. Because there is no cap to the damages award potential liability may be substantial, even in the millions of dollars. When defendants ensnared in TCPA litigation have turned to their insurance policies some have sought to avoid providing any coverage....
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