Law 360 Publishes Doug Brown's Article: "Revisiting The Fax Provision: Technology's Impact On TCPA"


In an article published on July 24 in Law360, Doug Brown discusses the need for a fundamental change in the manner in which the fax provisions of the Telephone Consumer Protection Act (TCPA) are interpreted and enforced.

“There is a widespread consensus that the fax sections of the TCPA Act, when enforced via class actions, produce far more harm than good,” Brown states. In the article, he explains that because of rapid technological change, new forms of electronic communication arise that are not covered by the FCC’s current orders or rules.

One of the cases he highlights is Scoma Chiropractic, P.A. v. Dental Equities, LLC,  in which the court granted a motion to stay in a TCPA case so the FCC could reconsider its orders and rules relating to faxes. “The court also reasoned that the ‘FCC has not directly addressed the issues raised here with regard to sending and receiving faxes using cloud based servers, raising a potential first impression interpretation for the FCC,’” Brown says.   

“The FCC is considering several petitions that raise the issue of whether e-faxes and more recent variations of electronic communications should be treated as facsimiles under the TCPA. Almost all of these communications are received as an email via computer, rather than as a traditional fax,” he explains. “The rapid change in technology requires the FCC to conform its rules to its statutory limits and the shifting technological realities.”

To read the article originally published by Law360, click here

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