Eversheds Sutherland 11th Circuit Business Blog
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Hotels Can’t Complain About Solicited Faxes, Even When They Don’t Require an Opt-Out Notice

The Eleventh Circuit was asked in Gorss Motels, Inc. v. Safemark Systems, LP, 2019 WL 3384191 (11th Cir. July 26, 2019), to decide whether a fax recipient provided prior express permission to receive faxes from a sender under the TCPA and, if so, whether the faxes needed to contain opt-out notices under an agency regulation.  The plaintiffs were hotel operators who agreed in their...