Second Circuit - Telephone Consumer Protection Act: Bruce Katz M.D., P.C. v. Focus Forward LLC

Daily Record Staff//March 31, 2022//

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United States Court of Appeals for the Second Circuit

Telephone Consumer Protection Act

Unsolicited advertisements – Participation in survey

Bruce Katz M.D., P.C. v. Focus Forward LLC

21-1224-cv

Judges Cabranes, Lohier, and Lee

Background: The plaintiff appealed from the grant of a Rule 12(b)(6) motion to dismiss. At issue is whether an unsolicited fax invitation to participate in a market research survey in exchange for money constitutes an unsolicited advertisement under the Telephone Consumer Protection Act.

Ruling: The Second Circuit affirmed. The court held that the fax invitation did not constitute an unsolicited advertisement. The court noted that faxes that seek a recipient’s participation in a survey plainly do not advertise the availability of property, goods, or services as defined by the statute.

Glenn L. Hara, of Anderson & Wanca, for the plaintiff-appellant; Samantha L. Southall, of Buchanan Ingersoll & Rooney, for the defendant-appellee.