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The Telephone Consumer Protection Act - Reed Smith

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Privacy: Secrecy and Seclusion<br />

• Insurance Companies argue that TCPA protects against<br />

violations of right to seclusion, while policy covers only<br />

violations of right to secrecy<br />

• “Making Known” v. “Publication” Language<br />

• Publication Language – covers violations of privacy right to<br />

seclusion<br />

• Valley Forge Insurance Company v. Swiderski Electronics, Inc. (Illinois<br />

Supreme Court 2006)<br />

• Rejects American States Ins. Co v. Capital Associates of Jackson Co.<br />

Inc. (Seventh Circuit 2004)

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