A divided U.S. Court of Appeals for the Fourth Circuit revived a lawsuit this past Friday against a Maryland tech firm accused of faxing an unsolicited advertisement in violation of the Telephone Consumer Protection Act (TCPA).

In a 2-1 majority opinion written by Judge Toby J. Heytens and joined by Judge Robert B. King, the Fourth Circuit overturned the Baltimore federal court’s dismissal of the litigation for rejecting all plausible theories of liability under the TCPA.