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...

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