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
8/30/2019
/ Appeals ,
Class Action ,
Class Certification ,
Faxes ,
FCC ,
Franchise Agreements ,
FRCP 23(f) ,
Hobbs Act ,
Prior Express Consent ,
Summary Judgment ,
TCPA ,
Unsolicited Faxes
To be liable for a junk fax Telephone Consumer Protection Act (TCPA) violation, does a company have to actually send a fax? The plain language of the TCPA says yes: “It shall be unlawful for any person… to use any telephone...more
The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more