TCPA damages not punitive
Bench and Bar
, September 2013
In Standard Mutual Insurance Co. v. Lay, the Illinois Supreme Court held that “the [Telephone Consumer Protection Act] is remedial and not penal, and the TCPA-prescribed damages of $500 per violation are not punitive damages.” Therefore, an insurer cannot cite to the punitive nature of TCPA damages as a reason to deny coverage.
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