We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Much-Needed 3rd Circ. Insights On TCPA Fax Issues

Law360 (June 6, 2019, 3:41 PM EDT) -- In a pair of decisions issued in cases consolidated for argument and brought by the same plaintiff — Mauthe v. National Imaging Associates Inc.[1] and Mauthe v. Optum Inc. — the U.S. Court of Appeals for the Third Circuit has provided additional substantive guidance to litigants and lower courts about what is and what is not an advertisement under the Telephone Consumer Protection Act, an issue with which courts around the country have been grappling. In both instances, the Third Circuit held that the specific facsimile before it was not an advertisement under and thus proscribed by the TCPA.

In NIA and Optum, the plaintiff, a medical...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS