FCC Holds that Fax Broadcasters are Solely Responsible for TCPA Violations When They Deceive Advertisers [telecom]

On September 21, 2020, the FCC's Consumer and Governmental Affairs Bureau issued a Declaratory Ruling resolving a petition that sought confirmation that in instances in which an advertiser is "stripped of [its] ability to control the fax campaign or ensure compliance with the TCPA" because of a fax broadcaster's "deception, fraud, blatant contract violations and misrepresentations," the advertiser is no longer the "sender" of the fax and, therefore, only the fax broadcaster is liable.

The FCC granted the petition(1), clarifying that "a fax broadcaster is solely liable for TCPA violations when it engages in deception or fraud against the advertiser."