Unsolicited Fax for Promoting Study Lawful, Second Circuit Claims – Clear Publicist

An unsolicited faxed invitation to take part in a market investigate study in exchange for money is not unlawful less than the Phone Purchaser Safety Act, the Next Circuit mentioned Thursday, affirming dismissal of a pores and skin care provider’s proposed course go well with Bruce Katz, carrying out business as Juvaskin and Laser Centre, […]


In the case of Katz v. Focus Forward LLC, the court had to decide whether a faxed invitation to participate in a market research survey in exchange for money constitutes an “advertisement” under the Telephone Consumer Protection Act of 1991. The plaintiff, Bruce E. Katz, M.D., P.C. d/b/a Juva Skin and Laser Center, argued that the faxed invitations were indeed advertisements, as they were offers to buy a service from the recipients (in this case, their participation in a research study). The defendant, Focus Forward LLC, a company that conducts market research through surveys, countered this claim, arguing that the faxes were not advertisements as they did not offer to sell anything to the recipients or promote the quality of their market research services.

The court ultimately sided with the defendant, ruling that the faxes did not constitute advertisements under the TCPA. The court reasoned that the faxes were requests for information and did not advertise the commercial availability or quality of any property, goods, or services. This decision highlights the nuanced and often complex nature of legal interpretations, especially when it comes to the evolving landscape of communication technology.

In a world where fax machines are increasingly becoming a relic of the past, this case serves as a reminder of the legal complexities that can arise from even the most seemingly straightforward communications. It’s almost as if the court is saying, “Yes, we’re still talking about faxes in 2023, and no, we can’t believe it either.” But as long as these machines whir and beep in offices around the world, they will continue to generate legal debates that feel oddly anachronistic in our digital age. So, next time you’re standing by the fax machine, remember: even this antiquated piece of technology can be the center of a modern legal dispute.