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BRUCE KATZ, M.D., P.C. v. FOCUS FORWARD, LLC

No. 21-1224-cv August Term 2021.

22 F.4th 368 (2022)

BRUCE KATZ, M.D., P.C., d/b/a/ Juva Skin and Laser Center, a New York Professional Corporation, individually and as the representative of a class of similarly-situated persons, Plaintiff-Appellant, v. FOCUS FORWARD, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 6, 2022.

Attorney(s) appearing for the Case

Glenn L. Hara , Anderson ÷ Wanca, Rolling Meadows, IL, for Plaintiff-Appellant.

Samantha L. Southall , Buchanan Ingersoll & Rooney PC, Philadelphia, PA, for Defendant-Appellee.

Before: Cabranes, Lohier, and Lee, Circuit Judges.

The question presented is whether an unsolicited faxed invitation to participate in a market research survey in exchange for money constitutes an "unsolicited advertisement" under the Telephone Consumer Protection Act of 1991 (the "TCPA"). Finding that it does not, we AFFIRM the order and judgment of the District Court.

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