fax

TCPA Does Not Apply to Informational Faxes

June 19, 2015 On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides […]

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Roofing Company Held Liable for Unsolicited Fax Ads under the TCPA

May 13, 2015 The United States District Court for the District of New Jersey recently held a roofing company liable for a third-party advertiser’s violations of the Telephone Consumer Protection Act (“TCPA”) to the tune of $22,405,000.00. The TCPA class action, which has been pending for over three years, concerns fax advertisements sent by Business

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Blimpie Blown Up by TCPA Junk Fax Class Action?

March 18, 2015 On March 12, 2015, a class action lawsuit was filed against Blimpie International, Inc. (“Blimpie”) and other entities, alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Blimpie violated the TCPA by sending unsolicited “junk faxes” to businesses and individuals throughout the country.  The plaintiff seeks to

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Junk Fax TCPA Class Action Settles for $40 Million

November 20, 2014 In June of 2011, a class action lawsuit was filed against Interline Brands Inc. (“Interline”) alleging that the company failed to comply with the mandates of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint claimed that Interline sent fax advertisements to consumers without: 1) obtaining their proper express written consent; or

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Fax Marketer Found Liable for $48 Million after Gaining Valid TCPA Consent, Appeals to U.S. Supreme Court

By now, most of our readers are aware that the Telephone Consumer Protection Act (“TCPA”) places strict restrictions upon those who place telemarketing calls and send text messages.  However, it is important to also be aware of the fact that under the TCPA, the Federal Communications Commission (“FCC”) is empowered to regulate marketing material that is

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Faxes May Violate TCPA Even When Requested by Consumers

Until recently, we focused our Telephone Consumer Protection Act (“TCPA”) discussions on telemarketing phone calls and text messages.  However, it is important to remember that under the TCPA, the Federal Communications Commission (“FCC”) is also empowered to regulate marketing material sent via telecopier.  In fact, last week a consumer class action lawsuit was filed in a

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