On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. McKesson Corp., finding that the lower court: 1) had correctly determined that Defendants violated the TCPA’s junk fax prohibition; 2) had properly decertified the proposed class; and 3) did not abuse its […]
Class Decertification Upheld in Appeal of TCPA Fax Lawsuit Read More »
On January 19, 2023, the Third Circuit Court of Appeals held that a fax containing information on an upcoming free-seminar was not an unsolicited advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). As readers of this blog know, this is not the first time that the Third Circuit has issued a ruling on
No Liability for Free-Seminar Fax Under the TCPA Read More »
While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act (“TCPA”) restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if
TCPA Fax Exception: Saving Your Business From Liability Read More »
Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held that the subject faxes, while
An Ad or not an Ad: NY Weighs in on TCPA Surveys Read More »
The United States Court of Appeals for the Seventh Circuit recently reinstated a fax lawsuit that had been dismissed by a trial court in Illinois. The lawsuit arose from allegations of violation of the Junk Fax Prevention Act (“JFPA”) amendments to the Telephone Consumer Protection Act (“TCPA”), The Appeals Court decision at issue resulted from
Appellate Court Revives Fax Lawsuit Read More »
The United States Court of Appeals for the Third Circuit recently issued a ruling on the issue of whether faxes sent on behalf of Cephalon, Inc. (“Cephalon”) were transmitted in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA fax decision focuses on: 1) whether the faxes were unsolicited; and 2) even if they
Appeals Court Clarifies TCPA Fax Law Read More »
December 27th, 2019 In an important decision concerning the Junk Fax portions of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) recently issued a declaratory ruling clarifying the scope of the TCPA fax exemption. The ruling came in response to a petition filed by Amerifactors Financial Group, LLC (“Amerifactors”) requesting clarification from
FCC Clarifies TCPA Fax Exemption Read More »
On November 25, 2019, the Supreme Court of the United States denied plaintiff’s petition for certiorari, thereby upholding a decision by the Third Circuit Court of Appeals (the “Court” or “Third Circuit”) which held that an unsolicited fax sent to update a company’s database was not an advertisement within the meaning of the Telephone Consumer
Supreme Court Denies Cert. in TCPA Ad Case Read More »
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