By Samantha Southall and Patrick Doran (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. 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...
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