The Court of Appeals yesterday unanimously ruled that the 14 faxes attorney Andrew Lavoott Bluestone sent to another solo practitioner, Peter Marc Stern, were basically informational, not promotional, in nature, and therefore did not violate the Telephone Consumer Protection Act of 1991 or the Junk Fax Prevention Act of 2005. "To the extent that Bluestone may have devised the reports as a way to impress other attorneys with his legal expertise and gain referrals, the faxes may be said to contain, at most, '[a]n incidental advertisement' of his services, which 'does not convert the entire communication into an advertisement,'" the court held.
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Albany
Court Finds Attorney's Unsolicited Faxes Did Not Violate Communications Act
New York Law Journal
June 12, 2009
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