By Michael P. Tremoglie
Is this another example of how cyberspace is presenting new liability challenges for insurers and their clients? Uber, the innovative vehicle-for-hire company, is being sued for allegedly sending what is described as unwanted or ‘spam’ text messages to their customers’ cell phones.
Maria Vergara, an Illinois woman, filed a lawsuit, Aug. 7, in U. S. District Court in Illinois against the company claiming the text messages violate federal law. The company advances its services through a smartphone app.
But this practice is coming under fire because customers were receiving messages which some say inhibits their cell phone use and adds to their texting expense. The lawsuit claims the messages violate statutory and privacy laws, and are considered “wireless spam,” , and that the text messages violate the federal Telephone Consumer Protection Act because the messages were sent from equipment that stores phone numbers and automatically dials them and that these are done without permission.
Pete Kuhnmensch, executive director for Insurance Institute of Michigan, said that this is all new ground.
“It is certainly a business opportunity for those companies that choose to enter this emerging new market,” he told Insurance Business America. “New products are entering the market every day to address these needs.
“The whole area of cybersecurity liability is an emerging and increasing risk that has to be defined, assessed and measured in order for the insurance industry to design and offer an insurance product that will protect against that risk,” Kuhnmensch added.
