Comments Due April 8, Replies April 23 on Akin Gump Asking to Limit Junk Fax Liability
Comments are due April 8, replies April 23 on Akin Gump's request the FCC clarify the definition of fax “sender” under the Telephone Consumer Protection Act, said a Thursday public notice on dockets including 02-278. The law firm Feb. 26…
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petitioned that “a fax broadcaster [be] the sole liable ‘sender,’ when it both commits TCPA violations and engages in deception or fraud against the advertiser (or blatantly violates its contract with the advertiser) such that the advertiser cannot control the fax campaign or prevent TCPA violations,” the PN noted. The firm said those whose goods and services are advertised in an unsolicited fax aren't always the TCPA-liable senders since they didn't know about the junk-fax campaign: Advertisers nationwide "have fallen victim to unscrupulous, dishonest or rogue fax broadcasters, and have been left open to liability."