By Christopher R. Murphy and Travis Sabalewski
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.
https://www.mondaq.com/unitedstates/advertising-marketing-branding/1153004/second-circuit-rules-faxed-invitation-is-not-39unsolicited-advertisement39-under-tcpa?email_access=on
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