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Many things in life have some form of insurance accompanying them: health insurance, car insurance, home insurance, and so on. So, if you’re a text message marketer, it’s more than reasonable to ask if there is insurance against TCPA text messaging lawsuits, lawsuits that arise from violating federal communications laws around SMS marketing.
Is There Insurance for TCPA Text Messaging Lawsuits?
Over the years, as TCPA litigation has become increasingly common, more and more insurance carriers have begun to exclude TCPA-related litigation from coverage.
This becomes understandable once the numbers are examined; there were 14 TCPA cases in 2007, and nearly 5,000 in 2016. It’s no longer viable for insurance carriers to provide any sort of support for TCPA litigation.
Insurance companies are always watchful for brands that try to get around coverage restrictions through advertising damages or D&O (Directors and Officers) policies. Typically, this never works more than once, as insurance companies are very quick to plug any holes or gaps in their coverage restrictions.
Checking Your Insurance Coverage
It’s important for brands to examine their insurance policies and look for these specific coverage restrictions. A good place to start is to look for “Telephone Consumer Protection Act” (TCPA) in their coverage list, because most of these carve-outs will be attached to that.
If you are considering any form of SMS marketing, or any form of communication that will fall under the TCPA, it’s crucial that you discuss these things with your insurance and an attorney before implementation. The costs of not doing so can easily stretch into the millions of dollars. This can vary from state to state, from court to court, which makes it even more important to work with an expert.
If you’re interested in learning more about text message marketing and the TCPA, check out our free TCPA Text Messaging Survival Guide, or check out our free TCPA plaintiff monitoring service, designed to protect marketers.