Top Craft, Inc. v. International Collection Services

This is an interlocutory appeal from a “junk fax” class action certification. We reverse and remand with directions.

TCPA Basics

It is unlawful under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, to fax an unsolicited advertise ment — i.e., one sent without the recipient’s “prior express invitation or permission.” 1 47 U.S.C. §§ 227(a)(4), 227(b)(1)(C). Statutory damages are $500 per violation, subject to trebling. 47 U.S.C. § 227(b)(3). Courts have reached various conclusions about aggregating and pursuing TCPA claims via class actions. 2

Procedural Background

Defendants, who…