December 18, 2017

TCPA-fax
TCPA Fax Class Action

A fax class action lawsuit in the United States District Court for the Eastern District of Missouri brought under Telephone Consumer Protection Act (“TCPA”) against various marketing entities and their respective individual owners was recently dismissed.  In a ruling based on personal jurisdiction, the Court decided that it violated the marketers’ due process rights to force them to defend the fax class action in Missouri without having sufficient contacts with the State.

What were the alleged violations asserted in the fax class action lawsuit?

The fax class action complaint alleged that the subject faxes violated the opt-out notice provisions of the TCPA and its implementing regulations. While the plaintiff asserted claims against eleven defendants, only one actually sent the plaintiff any faxes. Nevertheless, as claimed by the plaintiff, the other defendants were allegedly liable for TCPA violations because the faxes at issue were allegedly sent on their behalf. The Court did not opine on this theory of liability, and instead sought evidence from the plaintiff that the defendants conducted sufficient business in Missouri to justify litigating the TCPA fax class action lawsuit in the State. When the Court determined that the plaintiff had failed to produce such evidence, the case was dismissed.

Protect Your Business from a Fax Class Action Lawsuit

We have previously blogged about TCPA-related liability resulting from fax marketing practices and procedures that fail to comply with TCPA regulatory mandates.  This is an area of the law that involves intricate nuance and technical requirements, with potentially significant liability for noncompliance.  As such, it is imperative for businesses operating in this space to work closely with knowledgeable counsel prior to engaging in any fax marketing campaign.

If you are interested in learning more about this topic, need to review your facsimile marketing practices and procedures or if you are defending a TCPA class action, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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