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Disputes over Insurance Coverage for Alleged TCPA Violations
During the past several years, there has been an increase in the number of lawsuits that allege violations of the Telephone Consumer Protection Act, 47 U.S.C. ' 227 (2006) (“TCPA”), and a corresponding increase in the number of coverage disputes over TCPA liabilities. The TCPA, enacted in 1991, restricts telephone (including cellular phone) solicitations and limits the use of fax machines in contacting individuals or businesses which have not given prior express consent to receive those solicitations. The TCPA provides for statutory penalties ranging from $500 to $1,500 per individual communication, with that higher penalty imposed as treble damages for willful or knowing violations of the Act. 47 U.S.C. ' 227(b)(3)(B, C) (2006).
TCPA suits are attractive to plaintiffs' lawyers because litigants have the option of seeking either their actual damages or statutory damages instead. Plaintiffs' lawyers use putative class actions in an attempt to aggregate the number of violations on which to recover ' and as technology continues to make mass marketing easier and more efficient, the number of violations resulting from a single marketing program can be enormous.
In seeking coverage for TCPA claims, policyholders have typically argued that those claims are covered under their policies as “personal and advertising injury” liabilities. By contrast, insurers have argued that: 1) TCPA claims do not fit within the definition of “advertising injury”; and 2) damages under the TCPA are punitive in nature, and thus uninsurable as a matter of public policy. Some insurers have also invoked policy exclusions to defeat TCPA coverage claims, while policyholders have argued that those exclusions do not apply. Below, we discuss each of these arguments.
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.