Limiting Insurer Exposure For TCPA Claims In Ill.

Law360, New York (June 1, 2012, 12:57 PM EDT) -- In Standard Mutual Ins. Co. v. Lay, 2012 IL App (4th) 110527, the Illinois Appellate Court decided as a matter of first impression in Illinois that statutory damages assessed under the federal Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227 et seq.) are punitive damages that cannot be covered by liability insurance policies.

The TCPA is a federal statute that makes it unlawful for marketers to send automated telephone calls, text messages, faxes and similar media messages to anyone who has not previously consented to...
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