The Federal Communications Commission (“FCC”) recently issued a declaratory ruling providing clarity on the scope of liability for fax advertisers under the Telephone Consumer Protection Act (“TCPA”). The FCC’s TCPA fax ruling responds to broad concerns that advertisers unjustly assume the liability for fax broadcasters that exceed the parameters of the terms of their marketing agreements. The new guidance clarifies that an advertiser is not a “sender” within the meaning of the statute where a fax is sent without the subject advertiser’s approval.
How did the FCC’s TCPA fax ruling clarify the scope of liability?[Read More]