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Is A Survey An Advertisement? [telecom]
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Bill Horne
Jan 11, 2022, 7:09:17 PM1/11/22
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by Jeffrey A. Greenbaum
TheTelephone Consumer Protection Act of 1991
<https://www.fcc.gov/sites/default/files/tcpa-rules.pdf>(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.
https://www.mondaq.com/unitedstates/advertising-marketing-branding/1148874/is-a-survey-an-advertisement?email_access=on
TheTelephone Consumer Protection Act of 1991
<https://www.fcc.gov/sites/default/files/tcpa-rules.pdf>(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.
https://www.mondaq.com/unitedstates/advertising-marketing-branding/1148874/is-a-survey-an-advertisement?email_access=on
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