Jun 04, 2020
What is an Advertisement? How Much Deference Should Courts Give FCC Orders?
One of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the Telephone Consumer Protection Act (“TCPA”) applies at all. For calls made and texts sent to cell phones using an autodialer, the determination dictates the necessary level of consent. Case law on the issue is inconsistent [...]