In these consolidated appeals, the issue was whether faxes soliciting participation by the recipients in market research surveys in exchange for monetary payments are advertisements within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (b)(1)(C) (“TCPA”), which prohibits the transmission of unsolicited fax advertisements. The District Court ruled that such surveys are not advertisements within the TCPA. The 3rd Circuit Court reversed and held that, since an offer of payment in exchange for participation in a market survey is a commercial transaction, a facsimile highlighting the availability of that transaction is an advertisement under the TCPA.
