FCC Order May Make TCPA Fax Class Actions More Difficult

Law360 (December 10, 2019, 6:49 PM EST) -- On Dec. 9, the Federal Communications Commission issued an order on a petition for declaratory relief filed by Amerifactors Financial Group LLC on July 13, 2017. The FCC held that:

[A]n online fax service that effectively receives faxes 'sent as email over the Internet' and is not itself 'equipment which has the capacity ... to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper' is not a 'telephone facsimile machine' and thus falls outside the scope of the statutory prohibition.[1]

The FCC's order states that it is limited to an analysis of the...

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