Distributing a business card with a fax number on it can be sufficient to establish “express invitation or permission” to receive faxes, a federal appeals court has ruled in dismissing a proposed class action under the Telephone Consumer Protection Act over allegedly unwanted faxes.

A divided three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in a precedential opinion that the use of “express consent” and “express invitation or permission” in the TCPA are interchangeable, and apply to unwanted phone calls and faxes equally. The decision in Physicians Healthsource v. Cephalon affirms a ruling from the U.S. District Court for the Eastern District of Pennsylvania that dismissed the case on summary judgment.

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