Commercial liability insurers have brought a growing number of cases seeking declaratory judgments that they do not have to provide coverage for their insureds’ alleged Telephone Consumer Protection Act (TCPA) violations. Some commercial liability policies have express exclusions for TCPA claims, while others may contain more general exclusions that may not fully exclude the TCPA. 

Some insurers have amended existing policies to add TCPA exclusions but courts have not always found this practice to be legally enforceable. Other insurers have successfully managed to avoid covering TCPA damages by successfully arguing that TCPA violations fall under exclusionary clauses relating to invasion of privacy.

There are some companies that offer insurance policies specifically tailored to TCPA litigation, but they are very expensive.