2nd Circ. Rips 3rd Circ. Over Faxed Survey TCPA Ruling

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By Khorri Atkinson (January 6, 2022, 6:23 PM EST) — The Second Circuit on Thursday criticized a recent split Third Circuit ruling that an unsolicited faxed invitation to participate in a market research survey in exchange for money constitutes an unlawful advertisement under the Telephone Consumer Protection Act.

In a precedential order affirming a lower court’s dismissal of a putative class action accusing Pennsylvania-based market research firm Focus Forward LLC of violating the TCPA, a three-judge Second Circuit panel declined to adopt the divided Third Circuit’s May 2020 precedential holding in Fischbein v. Olson Research Group, which has facts similar to those in this appeal.

Instead, the panel unanimously ruled that…

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