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ARTICLE · 24 JANUARY 2022

Second Circuit Rules Faxed Invitation Is Not 'Unsolicited Advertisement' Under TCPA

On Jan. 6, 2022, the U.S. Court of Appeals for the Second Circuit dealt another blow in Bruce Katz MD PC v. Focus Forward LLC.

United StatesMedia, Telecoms, IT, Entertainment

Highlights

  • Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid  dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of the term automatic telephone dialing system (ATDS).
  • On Jan. 6, 2022, the U.S. Court of Appeals for the Second Circuit dealt another blow in Bruce Katz MD PC v. Focus Forward LLC. The court found that an unsolicited faxed invitation to participate in a market research survey in exchange for money does not constitute an "unsolicited advertisement" as defined by the TCPA.

Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of the term automatic telephone dialing system (ATDS). On Jan. 6, 2022, the U.S. Court of Appeals for the Second Circuit dealt another blow in Bruce Katz

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