Two recent decisions ' one by an Illinois state court and the other by the Fourth Circuit Court of Appeals ' reveal that courts remain divided as to whether general liability policies provide coverage for fax-advertising claims under the Telephone Consumer Protection Act (“TCPA”).
Coverage for Unsolicited Faxes
Two recent decisions — one by an Illinois state court and the other by the Fourth Circuit Court of Appeals — reveal that courts remain divided as to whether general liability policies provide coverage for fax-advertising claims under the Telephone Consumer Protection Act ("TCPA"). Generally, the TCPA prohibits, among other things, the use of fax machines or other devices to send "an unsolicited advertisement to a telephone facsimile machine." 47 U.S.C. §227(b)(3). The TCPA provides a private right of action by the recipients of such faxes to sue the senders. <i>Id.</i> Notably, under the TCPA, the recipient does not have to demonstrate any injury to prevail on its claim; the receipt of an unsolicited fax is sufficient to trigger liability under the statute.
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