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ARTICLE · 26 MARCH 2021

TCPA Tracker - March 2021

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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On March 9, 2021 Inovalon, Inc. submitted a letter urging the FCC to answer Inovalon's Petition for Declaratory Ruling and affirm that "faxes with no direct commercial purpose, and offering...

United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP

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Inovalon Seeks Timely and Favorable Decision on Junk Fax Petition

On March 9, 2021 Inovalon, Inc. submitted a letter urging the FCC to answer Inovalon's Petition for Declaratory Ruling and affirm that "faxes with no direct commercial purpose, and offering no commercially available products or services to the recipients, are not 'advertisements' under the TCPA and JFPA." The letter, an ex parte notice, updates the Commission on new activity in the junk fax class action against Inovalon Eric B. Fromer Chiropractic, Inc. v. Inovalon Holdings, Inc., et al, No. 17-cv-03801-GJH.  The case has been stayed for over two years pending a decision from the FCC on Inovalon's petition.  On February 4, 2021, the Plaintiff filed a motion to lift the stay, arguing that the Fourth Circuit Court's recent decision in Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 982 F.3d 258, 264 (4th Cir. Dec. 7, 2020) establishes that the Commission's interpretations of

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