Sixth Circuit Rejects Strict Liability for Products Advertised via Fax, "Some Level of Knowledge" Required | Faegre Drinker Biddle & Reath LLP
To embed, copy and paste the code into your website or blog: The U.S. Court of Appeals for the Sixth Circuit recently re-affirmed its position that manufacturers of products advertised in unsolicited fax messages do not face strict liability under the TCPA’s junk-fax provision. To face liability, the manufacturers must at least be aware that fax advertisements are being sent. In Lyngaas v. Curaden AG, a dentist sued a Swiss toothbrush manufacturer, Curaden AG, and its American subsidiary, Curaden USA, for sending unsolicited fax advertisements for their toothbrushes. 992 F.3d 412, 417 ...
Source: jdsupra.com