TCPA Damages Are Insurable, Ill. High Court Rules

Law360, New York (May 23, 2013, 6:37 PM EDT) -- Illinois’ highest court on Thursday ruled damages under the Telephone Consumer Protection Act are not punitive, making them insurable under Illinois law, in reviving a bid for coverage from Standard Mutual Insurance Co. for a $1.7 million settlement in an underlying TCPA class action.

According to the Illinois Supreme Court, a state appellate court had mistakenly ruled that damages under the TCPA — which outlaws automated marketing phone calls, faxes and similar communications sent without prior consent — are punitive because they don’t compensate for any...
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