Insurance Coverage in TCPA Claims: Guidance for Insurers and Policyholders

A live 90-minute CLE webinar with interactive Q&A


Thursday, August 23, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 27, 2018

or call 1-800-926-7926

This CLE webinar will discuss the complex insurance coverage issues that arise in defense of Telephone Consumer Protection Act of 1991 (TCPA) claims. Our panel will explore best practices for insurers and policyholders over the full arch of the claims process, from initial notice to resolution, along with recent case law discussing some of the evolving coverage issues in this area of law.

Description

The TCPA has become a formidable means of imposing stiff penalties for privacy violations through telecommunications. Initially limited to communications via telephone or fax, the TCPA has expanded to include calls and text messages to mobile devices.

Claims are usually brought by a class of plaintiffs and, as expected, liability for violations can be extraordinary—the greater of actual monetary losses to the recipients or $500 for each unlawful call, text or fax, with the potential for treble damages for willful or knowing violations. Parties attempting to fend off TCPA claims seek insurance coverage for the costs of defense and any potential judgments or settlements, usually through commercial general liability, errors and ommissions, or directors’ and officers’ liability policies.

Whether advising insurers or policyholders, insurance practitioners must be familiar with the shifting landscape of coverage disputes over these underlying claims and craft policy language that appropriately allocates risk. Corporate counsel can use this evolving body of case law to inform their policy development and compliance strategies for communicating with customers via telephone, text message or fax.

Listen as our panel of coverage attorneys discusses best practices for negotiating and managing insurance coverage for TCPA claims and offers expert analysis of recent cases in this evolving area of law.

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Outline

  1. Overview of Telephone Consumer Protection Act of 1991
    1. Liability
    2. Potential damages
  2. Insurance coverage for TCPA violations
    1. CGL coverage
    2. E&O coverage
    3. D&O coverage
  3. Recent case law developments

Benefits

The panel will review these and other noteworthy issues:

  • Do TCPA claims arise from an invasion of privacy for purposes of determining coverage?
  • How have courts’ definition of “wrongful act” impacted determinations of coverage for TCPA claims?
  • What TCPA-specific exclusions or riders have proven effective for courts deciding coverage disputes?

Faculty

Weiss, Aaron
Aaron S. Weiss

Shareholder
Carlton Fields Jorden Burt

Mr. Weiss maintains a national litigation practice focused on telecommunications law, class actions and consumer...  |  Read More

Additional faculty
to be announced.

Live Webinar

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Live Webinar

$247

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Live Webinar & Download

$344

Live Webinar & DVD

$344 + $9.45 S&H

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $9.45 S&H