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The Telephone Consumer Protection Act - Reed Smith

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Cannot send unsolicited fax advertisements –<br />

227(b)(1)(C)<br />

• Use a telephone facsimile machine, computer or other device<br />

• To send an unsolicited advertisement to a telephone facsimile<br />

machine<br />

• “Unsolicited advertisement” means “any material advertising the<br />

commercial availability or quality of any property, goods, or services<br />

which is transmitted to any person without that person’s prior express<br />

invitation or permission, in writing or otherwise.”<br />

• Depends on the content of the fax<br />

• Exception for “established business relationships” under certain<br />

strict conditions<br />

• Requires specific opt-out language

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