Telephone Consumer Protection Act News

Viewpoint: Court Rulings Reject Insurer Defenses to Biometric Liability

A series of recent decisions have established that commonly held Commercial General Liability (CGL) policies can and do cover lawsuits brought under Illinois’s Biometric Information Privacy Act (BIPA). These rulings build on the decision in West Bend Mutual Insurance Co. …

Calif. Supreme: Unclear Policy May Require Insurer to Defend Yahoo from Privacy Lawsuits

A liability insurer may have a duty to defend Yahoo Inc. from class-action lawsuits that alleged it violated the Telephone Consumer Protection Act by sending its customers unwanted text messages, the California Supreme Court ruled Thursday. In a unanimous decision, …

Viewpoint: Is There a Limit to Insurer Unwillingness to Cover Unsolicited Marketing Claims?

Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage based on …

7th Circuit Finds Insurer Has No Duty to Defend Mortgage Servicer Against Robocall Lawsuit

A liability insurance carrier that excluded any violation of telecommunications laws from coverage had no duty to defend a loan servicer from a class-action lawsuit that accused it of making harassing robocalls to more than 1 million cell phones. The …

Privacy Exclusion Protects Insurer from $60 Million Class Action

A federal judge in Florida has ruled that a policy exclusion for invasion of privacy claims relieved an insurer of any responsibility for a $60 million settlement against a Boca Raton company for violations of the Telephone Consumer Protection Act. …