Mastercard Agrees With AmeriFactors: Online Faxes Not Subject to TCPA
Junk faxes "are a nuisance that can cost recipients potentially significant time and money" and "should be prevented," said Mastercard, backing AmeriFactors's July petition to find faxes from online fax services aren't the same as those received on phone fax…
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machines. The Telephone Consumer Protection Act "is only meant to prevent the sending of junk faxes to traditional fax machines, as evidenced by the plain language of the statute," Mastercard reported its lawyers telling Chief Patrick Webre and others in the Consumer and Governmental Affairs Bureau. Most who receive faxed documents get them via online fax services, viewing them "via email, mobile applications, or via an online portal," the company said, posted Friday. Harms TCPA was "designed to address -- the shifting of advertising costs to consumers in the form of the costs of paper and ink/toner and the tying up of telephone lines ... have been eliminated," it said in docket 05-338: Granting the petition will "curb rampant litigation abuse." AmeriFactors also supports other such liability limitation requests (see 1904090049).