News & Analysis as of

Faxes Unsolicited Faxes

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

BCLP

Fourth Circuit Holds Faxes Received Online Not Subject to TCPA

BCLP on

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

Kilpatrick

TCPA - Ninth Circuit Affirms Decertification of “Junk Fax” Class

Kilpatrick on

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

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

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

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

Mintz

TCPA Litigation Update — No Knowledge, No Problem

Mintz on

While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful...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

Faegre Drinker Biddle & Reath LLP

Serial TCPA Plaintiff Suffers Another Defeat

The United States District Court for the District of Connecticut recently dealt another blow to serial TCPA plaintiff, Gorss Motels, Inc., granting summary judgment to the defendant in Gorss Motels, Inc. v. Lands’ End, Inc.,...more

Hinshaw & Culbertson LLP

Confirming a "But-For" Test, Federal Court Rejects "Semantic" Attempt to Narrow Liability Policy's TCPA Exclusion

An insured's attempt to exempt common law claims from the application of an "Information Laws Exclusion" to a blast fax claim was recently rejected by an Illinois federal court in Mesa Laboratories, Inc. v. Federal Insurance...more

Manatt, Phelps & Phillips, LLP

TCPA Doesn’t Cover Online Fax Services, FCC Rules

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

Eversheds Sutherland (US) LLP

Faxing in the digital age - FCC’s Consumer and Governmental Affairs Bureau finds that faxes sent to online fax services do not...

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

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

Rumberger | Kirk

Significant FCC Ruling Distinguishes Online Fax Services Not in Violation of TCPA

Rumberger | Kirk on

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

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

Faegre Drinker Biddle & Reath LLP

Court Denies Class Certification Due to Individualized Issues Regarding Recipients’ Consent to Receipt of Faxes

In E&G, Inc. v. Mount Vernon Mills, Inc., No. 17-0218, 2019 WL 4032951 (D.S.C. Aug. 22, 2019), the District of South Carolina denied class certification because individualized issues—specifically, whether recipients had...more

93 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