Three, Two, One, Blast Off! Illinois Court Finds Coverage For Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision precluding insurance coverage for TCPA class actions on that basis.  Standard Mutual Ins. Co. v. Lay, 2013 IL 114617 (2013).  The court remanded to the appellate court for consideration of the insurer's remaining arguments against coverage. On January 23, 2014, that court rejected those remaining arguments and concluded that the insurer was obligated to cover the settlement in the underlying TCPA class action. Standard Mutual Ins. Co. v. Lay 2014 IL App (4^th) 110527-B (Ill. App. 2014).