Insurers Responsible For Unsolicited "Junk" Fax Penalties
I am sure everyone near a fax machine has encountered a unsolicited or 'junk' fax. These are faxes sent by companies looking to sell everything from vacations to printer toner; from stock touts to mortgages. However, faxes sent without express consent from the receiver, or without a prior business relationship with the sender, are in violation of the Telephone Consumers Protection Act (TCPA). Penalties include $500.00 for each fax sent, which may be increased to $1,500.00 per fax if it was knowingly sent in violation of the TCPA.
A recent ruling by the Illinois Supreme Court made it easier for plaintiffs to pursue this claim. The court affirmed that a duty to defend exists for an underlying facsimile ad class action under a policy’s advertising injury provision because the policy language at issue can reasonably be understood to refer to material that violates a person’s seclusion and said unsolicited fax advertisements fall within this category