The Telephone Consumer Protection Act (“TCPA”) prohibits several telemarketing practices (such as sending spam faxes). Under the TCPA there is a private right of action, along with the ability to seek $500 in damages for every violation (for every unsolicited fax) or the possibility of treble damages (when unsolicited faxes are sent willfully and knowingly). The Illinois Supreme Court has recently ruled that these statutory damages under the TCPA are not punitive but rather remedial in nature.