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Consent Provided by Employee in Phone Call Bars Company TCPA Complaint Against Fax Sender - In Certain Circumstances

In Boone’s Pharmacy, Inc. v. Ezrirx, LLC,1 the U.S. District Court for the Southern District Alabama dismissed the plaintiff’s TCPA complaint against a sender of fax advertisements, finding a phone conversation between the...more

Court Finds Receipt of Unsolicited Fax Not Necessary to Establish TCPA Violation

On May 11, 2023, US District Court, M.D. Florida found a Telephone Consumer Protection Act (“TCPA”) violation can occur even where the intended human recipient of a fax did not print and review the fax or did not know that...more

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