Appeals Court Decertifies Junk Fax Class Action

When BioPay faxed Marcello's Wine Market a one-page ad extolling the merits of its biometric check-verification system, BioPay didn't expect the Baton Rouge, La., retailer to hit back with a $6 million class action.

But in February 2005 the Virginia-based software distributor became one of a growing number of companies being sued for millions of dollars for "fax blasting" reams of unsolicited advertisements that monopolize recipients' phone lines and devour fax paper and toner.
Businesses and consumers have been fighting the torrent of spam clogging their fax machines by using the Telephone Consumer Protection Act of 1991 (TCPA) and its state counterparts.

Cristin Schmitz

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