Second Circuit Decision on Faxes Under TCPA
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Survey Fax Neither Unsolicited Advertisement nor Pretext Thursday, April 8, 2021
Does a “faxed invitation to participate in a market research survey in exchange for money constitute an ‘advertisement’ [or the pretext of one] under the Telephone Consumer Protection Act…and [its] implementing regulations…[?]” In a case of first impression in the courts of the Second Circuit, Judge Paul A. Crotty says “NO.”
In
Bruce E. Katz, M.D., P.C. d/b/a Juva Skin and Laser Center v. Focus Forward LLC, 2021 U.S. Dist. LEXIS 66861, Case No. 20-cv-2897 (PAC), United States District Court for the Southern District of New York, April 6, 2021, the plaintiff professional corporation received two faxes from the defendant, a firm that “conducts market research through surveys to collect information for its clients.” The faxes sought “participants for market studies” and invited the “recipients to share their opinions with Defendant in exchange for a $150 ‘honorar