In Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th. Cir. 2021), the Eleventh Circuit held that a debt collector’s communication of a consumer’s.
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5th Circ. Says 1 Text Message Enough To Prop Up TCPA Suit
Law360 (May 26, 2021, 9:31 PM EDT) The Fifth Circuit ruled Wednesday that the receipt of a single unsolicited text message was enough to allow a Missouri man to press forward with his putative class action accusing 5 Star Nutrition of violating the Telephone Consumer Protection Act, breaking with an Eleventh Circuit ruling that reached the opposite conclusion.
In an 11-page published ruling, a three-judge panel reversed a Texas federal judge s decision to ax the dispute on the grounds that plaintiff Lucas Cranor had failed to allege a sufficiently concrete injury to establish the Article III standing necessary to press forward with his TCPA claims against the sports.
Thursday, May 27, 2021
In a highly anticipated case before Illinois highest court, the justices recently found an insurance carrier’s business liability policy requires it to defend a lawsuit alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”).
West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978 (Ill., May 20, 2021). While the court’s opinion addresses specific policy language, the decision reinforces key principles and concepts supporting insurance coverage (indemnity and defense) under Illinois law.
Background
In the underlying lawsuit, a tanning salon patron sued alleging the salon violated BIPA by scanning her and other customers’ fingerprints without consent and by disclosing their biometric identifiers and information to a third-party vendor. Upon receipt of the lawsuit, the tanning salon tendered the claim to its insurer requesting a defense. The insurance company issued a reservation of rights letter
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Last week, the Seventh Circuit reminded advertisers of the narrowing availability of insurance coverage for Telephone Consumer Protection Act (TCPA) claims. In
Mesa Laboratories v. Federal Insurance Co., the court rejected a fax marketer’s bid to make its insurer pay for its defense and settlement of an underlying unsolicited fax lawsuit. This decision underscores the insurance industry’s recent trend of limiting TCPA coverage under general policy forms and requiring policyholders to seek out and purchase specific coverage for those types of claims.
At one time, insurance policies did not say whether they provided coverage for claims brought under the TCPA. When the statute was passed in 1991, many policyholders were able to secure coverage for TCPA claims under the “personal and advertising injury” portions of their general liability insurance policies, which typically cover any “oral or written publica
Leah Dempsey
ACA International
Washington, DC
Leah Dempsey has a career marked by success as an advocate for the financial services industry, committed to advancing their priorities at the Consumer Financial Protection Bureau, the Federal Communications Commission, other federal agencies, and on Capitol Hill. Dempsey was recognized by The Hill as a Top Lobbyist in 2020 noting that, “The ranks of policy experts and influencers run deep in Washington, but these are the people who stand out for delivering results for their clients in the halls of Congress and in the administration.”
In her role as Vice President and Senior Counsel for Federal advocacy at ACA International, Dempsey leads efforts to develop and implement ACA’s federal advocacy agenda in Washington, DC. She writes and speaks frequently about the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, Unfair Deceptive Abusive Acts and Practices, and federal rules and legislation impacting the ac