FCC Says Only Senders Face Liability For Fraudulent Faxes

By Julia Arciga (September 22, 2020, 6:26 PM EDT) -- The Federal Communications Commission has clarified its stance on who assumes liability when faxes are sent in violation of the Telephone Consumer Protection Act, ruling that "fax broadcasters" are liable for sending unsolicited advertisements rather than the advertisers themselves.

The FCC said on Monday that a fax broadcaster is "solely liable" for any TCPA violations if it sends unsolicited advertisements without the knowledge of advertisers, like if a broadcaster successfully acquired the advertiser's business under the false pretense that it would not be violating the TCPA because it had consumer consent to send certain faxes.

Because advertisers don't know about the...

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