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4th Circ. Revives Junk Fax Suit Over 'Free' E-Books

Law360 (February 26, 2018, 2:46 PM EST) -- The Fourth Circuit on Friday revived a proposed junk fax class action against a major health information provider over offers for a free e-book, saying a district judge got it wrong when he held that faxes must have a commercial goal to be considered an advertisement. 

In a 2-1 decision, the panel held that U.S. District Judge Robert C. Chambers in West Virginia failed to defer to the Federal Communications Commission's rules about what constitutes an “unsolicited advertisement," as required by the Hobbs Act. Judge Chambers had agreed with PDR...
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Case Information

Case Title

Carlton & Harris Chiropractic v. PDR Network, LLC

Case Number



Appellate - 4th Circuit

Nature of Suit

3890 Other Statutory Actions

Date Filed

October 13, 2016

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