In our previous post, we discussed the Pennsylvania Supreme Court's July 21st ruling which announced a rule that frees policyholders to settle claims without insurer consent when the insurer seeks both to retain the right to deny coverage for the claim and also refuses to consent to an objectively reasonable and non-collusive settlement. In this post we discuss current trends in insurance coverage based on the Telephone Consumer Protection Act (TCPA) liability. The TCPA, 47 U.S.C. § 227, et seq., restricts certain forms of telemarketing and limits in many instances the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. The TCPA provides consumers with a private right of action that enables them to recover up to $500 for a single violation, and up to $1,500 for each willful violation, of the TCPA. Because TCPA lawsuits are often brought as class actions and can involve thousands of alleged individual violations, purported damages can pile up very quickly. Not surprisingly, the legal bills incurred by companies defending against TCPA litigation can be also be very significant.