Is A Survey An Advertisement? [telecom]

Jan 11, 2022 0 Replies

by Jeffrey A. Greenbaum



TheTelephone Consumer Protection Act of 1991

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(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.



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