by David O. Klein
While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act ("TCPA") restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if someone sends a fax without prior consent (i.e., unsolicited faxes)? The sender may be held liable for damages, unless it can show that it complies with the TCPA fax exception. The recent case of Bruce E. Katz, M.D., P.C. v. Dale Pharmacy & Surgical, Inc. helps illustrate the point.
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