Without authorization, fax complaint under TCPA has no teeth

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted September 27, 2016 1:36 PM

Updated September 30, 2016 4:03 PM

Today’s decision involves the question of whether a business that did not authorize the sending of 10,145 fax ads by an advertising service company could be liable under the Telephone Consumer Protection Act and face a penalty of more than $5 million.The 7th U.S. Circuit Court of Appeals said no, relying, in part, on its decision in Bridgeview Health Care Center Ltd. v. Clark, 816 F.3d 935 (7th Cir. 2016) (company which authorized sending of 32 faxes not liable for 6,000 fax ads sent to three states under TCPA).Paldo …

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