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Revisiting The Fax Provision: Technology’s Impact On TCPA

Law360 (July 24, 2018, 11:49 AM EDT) -- There has never been a more opportune time to seek a fundamental change in the manner in which the fax provisions of the Telephone Consumer Protection Act are interpreted and enforced. There is a widespread consensus that the fax sections of the TCPA, when enforced via class actions, produce far more harm than good. In Bridgeview Health Care Center Ltd. v. Clark,[1] the court characterized the TCPA as a “cash cow for plaintiffs attorneys, while plaintiffs attorneys take a big cut,” suggesting “Congress likely should have targeted the marketing firms, rather than their unsuspecting clients.”

Further, traditional faxes are largely an...

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