Rand v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• refusing to grant summary judgment because a question of fact existed regarding whether a fax that invited the recipient to a free seminar was an advertisement
• denying TCPA defendant’s motion for summary judgment raising same argument, holding that “tolerating” fax advertisements is “not the same thing as an express invitation or permission”
• denying summary judgment and finding faxes were unsolicited as a matter of law where permission was at best “indirect,” and not express, since physician gave fax number to AMA, not the “sender” whose goods or services were advertised
• “We know from common experience—whether at time-share resorts or otherwise—that ‘free offers’ often come with strings attached.”
• “the TCPA’s text does not require a court to put on evidentiary blinders in deciding whether a particular fax amounts to an advertisement”

Source: CourtListener parenthetical corpus (CC0).