Health Recruitment Faxes Are Ads Under TCPA, Judge Says

By Allison Grande (January 23, 2019, 10:03 PM EST) -- A New York federal judge refused Wednesday to toss a putative class action accusing fitness and wellness program provider Tivity Health of disseminating unauthorized and unwanted faxes about a new program, finding the disputed communications "commercial in nature," thus counting as "unsolicited advertisements" prohibited by the Telephone Consumer Protection Act.

Lackawanna Chiropractic PC launched the putative class action in June after receiving an unsolicited fax from Tivity Health Support LLC soliciting participants in its WholeHealth Living Choices Discount Network to join a new health and fitness program network geared toward members over 50, to make use of its marketing and patient matching services...

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

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!