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FCC Bureau Clarifies Faxes From Pharmacy Violate TCPA

The FCC Consumer and Governmental Affairs Bureau sided against Kohll’s Pharmacy & Homecare in its pursuit of a favorable ruling on faxes and the Telephone Consumer Protection Act. Kohll’s had asked the FCC to say the faxes it sent on…

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flu vaccines didn’t violate the TCPA’s prohibition on sending unsolicited fax advertisements. The bureau disagreed. “We find that Kohll’s facsimiles are unsolicited advertisements under the TCPA, and the primary purpose of the facsimiles is to market flu vaccines and not merely to inform recipients about the health benefits of flu vaccines,” the bureau said in an order.