TCPA Fax Class Actions Could Be An Endangered Species

Law360 (August 1, 2019, 3:55 PM EDT) -- A number of emerging trends and events are likely to significantly limit the ability of the plaintiffs to successfully bring fax class actions under the Telephone Consumer Protection Act.

The underlying reason for defense attorneys’ renewed optimism is recent technological and market changes, as well as new Federal Communications Commission leadership. If e-faxes are excluded from the definition of the TCPA, class actions become problematic because the fax log would not allow a court to determine whether class members received conventional faxes or e-faxes. As a practical matter, this means that the plaintiff, in proving his or her own case, does...

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