Topic
Junk Fax
34 published works
TCPA Defense Force Blog
Court Finds Receipt of Unsolicited Fax Not Necessary to Establish TCPA Violation
By meg-corrywbd-us-com-meg-corry
On May 11, 2023, US District Court, M.D. Florida found a Telephone Consumer Protection Act (“TCPA”) violation can occur even where the intended human recipient of a fax did not…
Consumer Finance Monitor
Third Circuit rejects TCPA claim in “junk fax” putative class action
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…
Workplace Privacy, Data Management & Security Report
FCC Rules Online Faxes Are TCPA Exempt
By Jason C. Gavejian, Maya Atrakchi
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…
Privacy & Information Security Law Blog
FCC Announces TCPA Junk Fax Prohibitions Do Not Apply to Online Faxes
On December 9, 2019, the Federal Trade Commission announced that online fax services do not fall under legal prohibitions against junk faxes.
All About Advertising Law
What is “Incidental”? Ninth Circuit Provides Guidance on How to Determine if a Fax is an “Advertisement” Under the TCPA’s Junk Fax Provisions
By Venable LLP
On May 17, 2019, the U.S. Supreme Court announced it would not hear an appeal in Supply Pro Sorbents, LLC v. RingCentral, Inc., apparently satisfied with a Ninth Circuit ruling…
Employment Class Action Blog
No Certification Where Loss of Data Prevents Class Identification
By Greg Mersol
Junk fax case presents opportunities for some employment cases Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment…
Class Action Lawsuit Defense
DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications on Solicited Fax Advertisements
By Casie Collignon, Sammantha Tillotson
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority…
Password Protected
D.C. Circuit Strikes FCC’s Rule Requiring Opt-Out Notice on Solicited Faxes
On March 31, the U.S. Court of Appeals for the D.C. Circuit struck down a Federal Communications Commission (FCC) rule requiring that solicited fax advertisements contain a notice on how…
Class Defense Blog
DC Circuit invalidates FCC’s opt-out requirement for solicited faxes
Good news for businesses that use fax machines to communicate with customers: A panel of the D.C. Circuit has just struck down the FCC’s 2014 order mandating that even faxes…
Focus on Regulation
FCC Imposes $1.84 Million TCPA Penalty for Fax Advertisements
The Federal Communications Commission (“FCC”) recently imposed a $1.84 million penalty for sending unsolicited fax advertisements. According to the agency’s forfeiture order, Scott Malcolm, DSM Supply, LLC and Somaticare, LLC…