Fax Fight

Does your company send advertising faxes? Make one small mistake and you could be sued under the Telephone Consumer Protection Act (TCPA).

Most marketers know this. But did you know you could wrongfully be denied insurance coverage for your claim?

That's right. Insurers have tried to avoid paying in several cases.

And crazy as it sounds, the only way around it may be to assert that you did violate consumers' privacy.

Privacy and other advertising-related claims are covered by standard business liability insurance. But insurers are arguing that unwanted faxes do not constitute a privacy violation.

Fortunately, courts in several states have ruled that privacy infractions are indeed triggered by unsolicited faxes. They also have held that by enacting the TCPA, Congress clearly intended to protect the privacy interests of residential telephone subscribers.