FCC Rules E-Faxes are Outside the TCPA, TCPA World
Attorney Doug Brown was recently interviewed by TCPA World for an article published on December 11, 2019 with regard to the significant FCC ruling that e-faxes are outside the scope of the TCPA.
“The FCC’s order was a well-reasoned and important order. . .The prior Commission defined computers as fax machines because it had the capacity to be connected to a printer… The current Commission order follows the Congressional mandate that communications received by a computer are not covered by the act…The Commission recognized that fax technology has a very restricted application and does not create the type of problems that existed in 1991.
The Commission order will probably substantially restrict fax class actions that generally target small businesses that were misled by fax marketers in believing that their faxes complied with the law. Often, these marketers made 1500 dollars or less while exposing their clients to tens of millions of dollars of potential liability because the statutory minimum recovery was from 500 to 1500 per fax… One such marketer was described as ‘Typhon Mary’ by 12 federal district courts. Yet, we are unaware of a single instance in which any plaintiff sought to enjoin the activity despite the clear evidence of liability.”