Insurance Coverage for TCPA and FACTA Claims, The John Liner Review

This article discusses why insurance coverage should be available for alleged violations of the TCPA (the junk fax statute) and FACTA (the truncated credit card statute). The article analyzes case law concerning the availability of coverage for alleged TCPA violations to predict how courts might decide whether coverage is available for alleged FACTA violations. The article concludes that because the allegations in most TCPA and FACTA claims include violation of a right of privacy, coverage should be available for “personal and advertising injury” under a standard commercial general liability policy.