April 24, 2019 Feature

Insurance and the TCPA: Are Claims Against Telemarketers Covered?

By Thomas K. Bick

In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA)1 to regulate the explosive growth of the telemarketing industry. In doing so, Congress was responding to growing outrage from consumers subject to a torrent of telemarketing calls on their residential telephones and from businesses subject to unsolicited telefaxed advertisements, sometimes dozens per day. Many of the telephone solicitations, which soon began appearing on cell phones as well as residential lines, were made by automatic telephone dialing systems with prerecorded messages, commonly known as “robocalls.”

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