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ARTICLE · 10 JANUARY 2022

Is A Survey An Advertisement?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The Telephone Consumer Protection Act of 1991 (the "TCPA") prohibits the sending, by fax, of unsolicited advertisements.

United StatesMedia, Telecoms, IT, Entertainment

The Telephone Consumer Protection Act of 1991 (the "TCPA") prohibits the sending, by fax, of unsolicited advertisements.  In 2019, the Juva Skin and Laser Center received two unsolicited faxes from Focus Forward, a market research company that was soliciting people to participate in market research surveys.  Juva sued the Focus Forward in the United States District Court for the Southern District of New York, alleging that the sending of the faxes violated the TCPA.  The District Court dismissed the case, and the Second Circuit recently affirmed the decision.  Here's why. 

Focus Forward sent two faxes to Juva inviting medical professionals to participate in market research surveys.  The first fax invited nurse practitioners and physician assistants working in dermatology offices to participate in a survey related to the prescription of topical products.  The second survey sought participation by nurses and physician assistants, working in urology practices, in a

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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