Toby Heytens, while he was a professor of law with University of Virginia. Courtesy photo. 4th Circuit Revives Unsolicited Fax Lawsuit in Split Decision Against Md. Tech Company
Judge G. Steven Agee in a dissenting opinion described the court's decision as "erroneous" for adopting what he called a "statutorily unsupported pretext theory."
June 24, 2024 at 05:59 PM
3 minute read
Civil Appeals
What You Need to Know
- Pulse8 sent a fax in 2020 promoting a free webinar.
- An Ohio health care practice sued Pulse8 in 2021 alleging the fax represented an unsolicited advertisement.
- The Fourth Circuit ruled 2-1 finding the allegations are plausible enough to survive a motion to dismiss, reversing the lower court.
A divided U.S. Court of Appeals for the Fourth Circuit revived a lawsuit this past Friday against a Maryland tech firm accused of faxing an unsolicited advertisement in violation of the Telephone Consumer Protection Act (TCPA).
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