Just The Fax: 3rd Circ. Declines To Apply FCC's 'Free-Seminar Pretext
Theory' To TCPA Junk Fax Claims
by Sheppard Mullin Richter & Hampton LLP (Los Angeles)
by Riley Brennan
When you can and cannot send a fax was recently considered by the U.S.
Court of Appeals for the Third Circuit, which ultimately concluded
that the Federal Communications Commission's "free-seminar pretext
theory" is inapplicable to claims brought under the Telephone Consumer Protection Act of 1991.
The Jan. 19 precedential ruling <
https://www2.ca3.uscourts.gov/opinarch/202265p.pdf> followed a U.S.
District Court for the Eastern District of Pennsylvania ruling that
sided with defendant Millennium Health, a laboratory that provides
drug testing and medication monitoring services to health care
professionals. Millennium sent Robert W. Mauthe and other customers a
fax regarding a free seminar the lab was hosting.
https://www.mondaq.com/article/news/1278790?q=1803232&n=691&tp=17&tlk=6&lk=80
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