Third Circuit holds, in split decision, that faxes soliciting participation by the recipients in market research surveys in exchange for money are “advertisements” triggering TCPA coverage

Read the Third Circuit's decision in Fischbein v. Olson Research Group. The beginning of the court's majority opinion explains the holding:

In this pair of appeals, we are asked to decide whether faxes soliciting participation by the recipients in market research surveysin exchange for monetary payments are advertisements within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (b)(1)(C) (“TCPA”), which prohibits the transmission of unsolicited fax advertisements. Applying our recent precedent in Mauthe v. Optum, Inc., 925 F.3d 129 (3d Cir. 2019), the District Courts dismissed both cases under Federal Rule of Civil Procedure 12(b)(6) as the Courts concluded that such surveys are not advertisements within the TCPA because they did not attempt to sell anything to their recipients. We hold, however, that solicitations to buy products, goods, or services can be advertisements under the TCPA and the solicitations for participation in the surveys in exchange for $200.00 by one sender and $150.00 by the other sender were for services within the TCPA.

Leave a Reply

Your email address will not be published. Required fields are marked *