News & Analysis as of

Faxes Advertising

Womble Bond Dickinson

Fax Offering Free Webinar Found Sufficient to be “Unsolicited Advertisement” for Motion to Dismiss

Womble Bond Dickinson on

The Fourth Circuit Court of Appeals, in a split decision, gave further insight into what “unsolicited advertisement” means under the TCPA....more

Womble Bond Dickinson

4th Circuit: Offering a Free Gift Could Be an Unsolicited Advertisement

Womble Bond Dickinson on

The 4th Circuit held that offering a free eBook could violate the TCPA’s prohibition on “unsolicited advertisements.” PDR Network publishes the Physicians’ Desk Reference, which is “a compilation of medical prescribing...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit’s back-to-back rulings shed light on TCPA’s applicability to unsolicited faxes

The 7th Circuit recently issued a decision in Smith v. First Hospital Laboratories, Inc., holding that in some “narrow situations” a fax offering to buy a product or service might be considered an advertisement under the TCPA...more

Womble Bond Dickinson

Consent Provided by Employee in Phone Call Bars Company TCPA Complaint Against Fax Sender - In Certain Circumstances

Womble Bond Dickinson on

In Boone’s Pharmacy, Inc. v. Ezrirx, LLC,1 the U.S. District Court for the Southern District Alabama dismissed the plaintiff’s TCPA complaint against a sender of fax advertisements, finding a phone conversation between the...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Pennsylvania Holds That Differentiating Service Is an “Advertisement” and Defendant’s Intent in Sending Fax Is...

The Eastern District of Pennsylvania recently reaffirmed that an objective “four corners” standard governs whether faxes are “advertisements” that must meet the TCPA’s consent requirement. Separately, any fax that compares...more

Ballard Spahr LLP

Third Circuit rejects TCPA claim in “junk fax” putative class action

Ballard Spahr LLP on

On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection Act claim arising from allegedly illegal faxes about a free educational...more

Faegre Drinker Biddle & Reath LLP

The Losses Mount for a Serial TCPA Plaintiff

In an ever-growing string of losses, the Seventh Circuit affirmed the Northern District of Indiana in denying class certification to serial TCPA plaintiff Gorss Motels, Inc. in Gorss Motels, Inc. v. Brigadoon Fitness, Inc., —...more

Moore & Van Allen PLLC

Another Court Rejects “Commercial Pretext” Theory for TCPA Violations

Moore & Van Allen PLLC on

Invites to free webinars are not unsolicited advertisements, says Maryland federal court - The Telephone Consumer Protection Act (TCPA) prohibits sending an “unsolicited advertisement” to a fax machine, absent certain...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Diverges from Third, Holds that an Unsolicited Invitation to Participate in a Survey is Not Actionable Under the...

The Second Circuit recently addressed whether a faxed invitation to participate in a market research survey is an “unsolicited advertisement” actionable under the TCPA. In Bruce Katz, M.D., P.C. v. Focus Forward LLC, 22...more

Faegre Drinker Biddle & Reath LLP

PBM’s Policy Update Fax Not TCPA “Advertisement,” Says Eastern District of Missouri

Earlier this week, the U.S. District Court for the Eastern District of Missouri granted summary judgment for a pharmacy benefit manager (PBM) that allegedly violated the TCPA by sending unsolicited advertisements via fax to...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Rejects Strict Liability for Products Advertised via Fax, “Some Level of Knowledge” Required

The U.S. Court of Appeals for the Sixth Circuit recently re-affirmed its position that manufacturers of products advertised in unsolicited fax messages do not face strict liability under the TCPA’s junk-fax provision.  To...more

Faegre Drinker Biddle & Reath LLP

District Court Finds Seminar Invitation Faxes Are Not Advertisements

Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more

Faegre Drinker Biddle & Reath LLP

Advertised Businesses Not Liable for Unauthorized Fax Advertisements, FCC Declares

On September 21, the FCC’s Consumer and Governmental Affairs Bureau issued a declaratory ruling clarifying that businesses advertised via fax should not face “sender liability” for unsolicited faxes sent without prior...more

Womble Bond Dickinson

FCC Holds that Fax Broadcasters are Solely Responsible for TCPA Violations When They Deceive Advertisers

Womble Bond Dickinson on

On September 21, 2020, the FCC’s Consumer and Governmental Affairs Bureau issued a Declaratory Ruling resolving a petition that sought confirmation that in instances in which an advertiser is “stripped of [its] ability to...more

Faegre Drinker Biddle & Reath LLP

Divided Third Circuit Panel Holds that Offers to Buy Can Qualify as “Advertisements” Under the TCPA

A divided panel of the Third Circuit Court of Appeals recently reversed the dismissal of TCPA claims, finding that the faxes at issue were advertisements within the meaning of the TCPA. Fischbein v. Olson Research Group,...more

Benesch

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

Benesch on

Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...more

Faegre Drinker Biddle & Reath LLP

D.C. High Court Holds that Businesses Do Not Face Strict Liability for Junk Faxes Advertising Their Products, Agency Principles...

In a recent TCPA junk-fax case, the District of Columbia Court of Appeals drew the intuitive conclusion that businesses do not incur TCPA liability whenever their products are advertised via fax. The proposition that strict...more

Jackson Lewis P.C.

FCC Rules Online Faxes Are TCPA Exempt

Jackson Lewis P.C. on

The Telephone Consumer Protect Act (“TCPA”) has seen lots of action in 2019, and in the final days of the year the Federal Communications Commission (“FCC”) issued a significant ruling concluding that “online fax services”...more

Womble Bond Dickinson

What Constitutes an Advertisement Under the TCPA? Two Courts Draw the Line In Recent Opinions

Womble Bond Dickinson on

Under the TCPA, the difference between “informational” messages and “advertisements,” or “solicitations,” can be a subtle one, and, on many occasions, a business’s TCPA liability – and quite possibly its financial stability –...more

Vedder Price

TCPA Turnstile: Case Update Vol. 10

Vedder Price on

Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more

Faegre Drinker Biddle & Reath LLP

A Busy Week for Fax Advertisements in the Supreme Court

Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S....more

Jones Day

"Pretext Theory" as Applied to Unsolicited TCPA Fax Advertisement Claims

Jones Day on

The Situation: The United States Court of Appeals for the Third Circuit recently considered a "pretext" theory as applied to unsolicited fax advertisement claims under the Telephone Consumer Protection Act ("TCPA"). The...more

Womble Bond Dickinson

Unsolicited Fax was not an Ad, Third Circuit Court of Appeal Finds

Womble Bond Dickinson on

On May 28, 2019, the United States Court of Appeals for the Third Circuit affirmed the District Court’s decision to grant summary judgment in favor of Defendants Optum, Inc. and OptumInsight, Inc. related entities...more

Manatt, Phelps & Phillips, LLP

Informational Fax Not an Ad, Court Rules

A fax sent by the defendant was “merely informational” and not an unsolicited advertisement, a Pennsylvania federal court has ruled. The Robert W. Mauthe, M.D., medical practice filed a putative Telephone Consumer...more

Manatt, Phelps & Phillips, LLP

Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s...more

81 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide