11th Circuit Affirms Ruling That Safe Sales Faxes Were Solicited By Hotels

Mealey's (July 30, 2019, 1:05 PM EDT) -- ATLANTA — A trial court correctly ruled that opt-out notices required by the Telephone Consumer Protection Act as amended by the Junk Fax Prevention Act (TCPA) were not necessary on sales faxes for hotel safes sent to hotel franchisees as the faxes were solicited and the Federal Communications Commission (FCC) eliminated its solicited-fax rule while the appeal was pending, an 11th Circuit U.S. Court of Appeals panel ruled July 26, affirming a trial court’s summary judgment ruling in a lawsuit that was filed as a class action (Gorss Motels, Inc., et al. v. Safemark Systems, LP, Nos. 18-12511 & 18-15232, 11th Cir., 2019 U.S. App. LEXIS 22352)....