The TCPA: Basics, Targeted Industries, and Trends
A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition...more
Takeaway: In True Health Chiropractic, Inc. v. McKesson Corp., No. 22-15710, 2023 WL 7015279, at *1 (9th Cir. Oct. 25, 2023), the Ninth Circuit affirmed the district court’s decertification of a “junk fax” class, finding that...more
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
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
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
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
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
Unsolicited advertisements sent by fax to online fax services are not covered by the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has ruled....more
On December 9, 2019, the Federal Communications Commission (FCC or Commission) released a declaratory ruling in which it found that online fax services that receive unsolicited fax advertisements “sent as email over the...more
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
In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more
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
Consent is the most powerful weapon companies have against TCPA liability, and a recent Eleventh Circuit opinion illustrates how. In Gorss Motels, Inc. v. Safemark Systems, L.P., the Eleventh Circuit affirmed summary judgment...more
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
On February 26, 2019, the law firm Akin Gump Strauss Hauer & Feld LLP (“Akin Gump”) filed a petition (“Petition”) with the Federal Communications Commission (“Commission”) requesting that the Commission “expeditiously...more
Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our...more
Back in May 2017, Garner Properties & Management, LLC (“Plaintiff”) filed a class action against Defendants Marblecast of Michigan, Inc. (“Marblecast”) and American Woodmark Corporation (“American Woodmark”) in the Eastern...more
On November 13, 2018, the Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic (No. 17-1705), to answer the question whether the Hobbs Act required the district court to accept the Federal...more
While the opinions are sometimes brief, the fun in TCPAland never is. In an extremely short opinion granting the defendant’s motion to dismiss, today the Ninth Circuit, in Supply Pro Sorbents v. Ringcentral, Inc., No....more
BIG TCPA NEWS! The the Supreme Court granted a Petition for Certiorari in a junk fax TCPA class action to answer the following question...more
Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more
As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more
In Scoma Chiropractic, P.A. v. Dental Equities, LLC, MasterCard International, Inc., et al., Judge Steele stayed a Telephone Consumer Protection Act (“TCPA”) fax class action against MasterCard and others where statutory...more