Shari Claire Lewis When Opportunity Knocks: Paid Market Research Survey Offers and the TCPA
Among the many TCPA-related issues that courts across the country have faced in recent years is one that recently divided the U.S. Courts of Appeals for the Second and Third Circuits: Does an unsolicited faxed invitation to participate in a market research survey in exchange for money constitute an "unsolicited advertisement" under the TCPA? Shari Claire Lewis explores the case law in this edition of her Internet Issues/Social Media column.
February 14, 2022 at 12:00 PM
9 minute read
The Telephone Consumer Protection Act of 1991 (TCPA), as amended by the Junk Fax Prevention Act of 2005 (JFPA), prohibits the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement." 47 U.S.C. §227(b)(1)(C). The TCPA defines "unsolicited advertisement" as "any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission." 47 U.S.C. §227(a)(5). Federal Communications Commission (FCC) regulations implementing the TCPA contain an identical definition of "unsolicited advertisement." 47 C.F.R. §64.1200(f)(16).
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