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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....

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