Class Certification Denied In TCPA Fax Litigation

On January 22, 2024, the United States Court of Appeals for the Fourth Circuit issued its decision in the Career Counseling Inc. v. Amerifactors Financial Group LLC. fax litigation proceeding.

The underlying litigation stems from an unwanted commercial facsimile transmission that Career Counseling alleged was sent by Amerifactors, in violation of the Telephone Consumer Protection Act ("TCPA"). As our readers are aware, the TCPA, as amended by the Junk Fax Prevention Act, forbids the sending of fax advertisements "to any person without that person's prior express invitation or permission, in writing or otherwise." The Fourth Circuit upheld the lower court's determination that Defendants had violated the TCPA's junk fax prohibition by failing to obtain adequate consent before sending the subject fax to Plaintiff. This fax litigation proceeding is important for the marketing industry because the Fourth Circuit affirmed that Defendant was liable only for Plaintiff's ind