Insurer potentially liable for TCPA violations by claimed agents

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted September 23, 2021 10:57 AM

The 7th U.S. Circuit Court of Appeals recently held that an insurance company could be held liable on an agency theory for unauthorized robocalls under the Telephone Consumer Protection Act, 47 U.S.C. Sec. 227, and the Illinois Automatic Telephone Dialing Act, 815 ILCS Sec. 305/30(a)-(b).The case is Bilek v. Federal Insurance Co., 2021 U.S. App. Lexis 23655 (7th Cir. Aug. 10, 2021). The plaintiff, Christopher Bilek, was represented by Burke Law Offices LLC, of Evanston and Gupta Wessler PLLC of Washington, D.C. Walker …

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