January 2, 2020
Partner Steve Augustino
was featured in the National Law Review
article, “Limiting Junk Fax Class Actions: Online Fax Services Outside Scope of TCPA FCC Rules,” pertaining to the recent Federal Communications Commission (FCC) ruling in December of last year, which concluded that modern, or online, faxing technologies are not within the scope of the Telephone Consumer Protection Act (TCPA). This narrows the scope of the TCPA to traditional fax machines and will make it more difficult for attorneys to certify classes of fax recipients under the TCPA, ideally curbing the plethora of TCPA Fax class action lawsuits.
Steve, who represented Amerifactors, stated that “Amerifactors argued that the term “faxing” has outlived the actual technology of faxing, much in the same way that we still dial a telephone even though no one has a rotary telephone, or we “cc” people on emails but we aren’t using carbon copies. In many ways, saying ‘I sent a fax’ is similar to that, the term has outlived the technology that has supported it.”
To read the full article, click here.