A liability carrier must defend its insured in an Illinois class action suit over junk faxes, at least until the case is tried, a New Jersey judge has ruled in a case of first impression here.
Myron Corp., a business-to-business personalized gift company in Maywood, N.J., is alleged to have violated the federal Telephone Consumer Protection Act, 47 U.S.C. 227, which bars unsolicited faxes, and the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505, which prohibits unfair or deceptive practices.
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