After years of costly and expensive litigation—and millions of dollars paid out in settlements—defendants in “junk fax” class actions under the Telephone Consumer Protection Act (TCPA) now find themselves navigating a more favorable legal landscape. Although faxing may seem anachronistic in today’s electronic world, junk fax class actions persist, not only because they can be lucrative for the plaintiffs bar, but because some companies, particularly in the medical industry, continue to fax: that method of transmission is easy, secure and HIPAA-compliant.
Fortunately for fax users, recent cases have trimmed the theories of liability and damages that can be recovered on TCPA junk fax claims, while preserving the rights of recovery for consumers actually injured under the statute.
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