Pa. Judge Says Fax For Free Webinar Doesn't Violate TCPA

Law360 (June 1, 2020, 5:52 PM EDT) -- An unsolicited fax to a doctor's office offering a free webinar was not an "advertisement" in violation of the Telephone Consumer Protection Act since there was nothing being sold, a Pennsylvania federal judge has ruled.

Though physician Robert Mauthe claimed Millennium Health LLC's fax soliciting participation in the webinar was a "pretext" for selling the company's urine-screening service, U.S. District Judge Edward G. Smith said Friday that the fax was not an advertisement on its face under the language of the TCPA. He also ruled the court did not have to follow a 2006 FCC order and delve into whether the...

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