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.
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