In the News

Rosa Tumialan Authors Article for Insurance Law360

Observes that Continued Use of Fax Machines, New FCC Regulations Will Likely Spawn Increased TCPA Coverage Litigation

June 28, 2013

Rosa M. Tumialán, a Chicago-based member of Dykema’s Litigation Department who concentrates her practice on the representation of insurers in coverage litigation involving both personal and commercial lines, authored an article—“Get Ready for More Aggressive TCPA Disputes”—published in the June 24, 2013 edition of Law360. Law360 is one of the nation’s leading resources for news and information on litigation, transactions and the legal profession.

In the article, Tumialán discusses how the Telephone Consumer Protection Act (TCPA)—a statute enacted 22 years ago—coupled with recent regulatory updates by the Federal Communications Commission (FCC) has led to increased numbers of class actions filed by plaintiffs against insurers, which in turn will lead to ramped up TCPA coverage litigation by industry participants.

Tumialán points out that, with the explosive growth of technological advancements—such as SMS text messages and automatic telephone dialing (aka “robocalls”)—TCPA class actions have migrated from targeting “mom and pop” businesses to large corporations. She notes that a “seemingly instatiable” plaintiff’s bar has shown that an insurer response of “there is no coverage” is an insufficient response.

To read this article in its entirety, click here.