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Illinois suit over unsolicited faxes isn’t time-barred (access required)

Published: February 14, 2013

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A private action under the Telephone Consumer Protection Act was not barred by the state’s two-year statute of limitations for claims seeking statutory penalties, the Illinois Appellate Court has ruled in affirming judgment.

Insurer has no duty to defend TCPA claim (access required)

Published: November 5, 2012

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An insurer had no duty to defend a business sued under the Telephone Consumer Protection Act for sending unsolicited faxes, the Illinois Appellate Court has ruled in affirming a summary judgment.

Insurance covers $2M unsolicited fax settlement (access required)

Published: September 19, 2012

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A $2 million settlement for the unlawful transmission of fax advertisements was covered by the sender’s business insurance, the 8th Circuit has ruled in affirming judgment.

Class counsel’s misconduct may preclude certification (access required)

Published: November 28, 2011

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A defendant sued for sending unsolicited fax advertisements did not have show “egregious” misconduct by plaintiffs’ counsel in order to block class certification, the 7th Circuit has ruled in reversing judgment.

Class plaintiffs needn’t show receipt of junk faxes (access required)

Published: October 6, 2011

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Plaintiffs were not required to establish the actual receipt of unsolicited fax advertisements in order to proceed with a class action under the Telephone Consumer Protection Act, the Kansas Supreme Court has ruled in affirming certification.

State needn’t pass enabling legislation for private TCPA suit (access required)

Published: June 6, 2011

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A state court lawsuit over unsolicited faxes can go forward under the federal Telephone Consumer Protection Act even though the state legislature hadn’t passed enabling legislation, the Illinois Supreme Court has ruled.

Business policy doesn’t cover unsolicited fax suit (access required)

Published: May 13, 2011

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A commercial liability policy did not cover an insured that was sued for sending unsolicited faxes in violation of federal consumer protection law, the 1st Circuit has ruled in reversing judgment.

Diversity jurisdiction may exist for junk fax suits (access required)

Published: April 5, 2011

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The Telephone Consumer Protection Act does not preclude federal courts from exercising diversity jurisdiction in private lawsuits brought by recipients of unsolicited faxes, the 3rd Circuit has ruled.

Lawyer liable for sending ‘informational’ faxes (access required)

By: Pat Murphy
Published: September 1, 2010

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A lawyer violated federal law when he sent “informational” faxes as part of a marketing campaign, a U.S. District Court in Illinois has ruled in granting summary judgment.

Business not liable for sending junk faxes (access required)

By: Pat Murphy
Published: June 1, 2010

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A media company wasn’t liable for sending junk faxes because it had an “established business relationship” with the plaintiff, the 7th Circuit has ruled in affirming judgment.

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