A businessman’s commercial general liability policy covered a $1.7 million class settlement of federal “junk fax” claims, the Illinois Supreme Court has ruled.
A fax advertisement that failed to include opt-out language may have violated the Telephone Consumer Protection Act — even though the recipient consented to receiving the fax, the 8th U.S. Circuit Court of Appeals has ruled in reversing judgment.
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.
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.
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.
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.
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.
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.
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.
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.