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ARTICLE · 31 MARCH 2021

TCPA Fax Liability: What's Your Motivation?

Klein Moynihan Turco LLP
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Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act ("TCPA") claims against an animal health and wellness company, Elanco Animal Health, Inc. ("Elanco").

United StatesConsumer Protection
David O. Klein
David O. Klein
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Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act ("TCPA") claims against an animal health and wellness company, Elanco Animal Health, Inc. ("Elanco"). Elanco sent unsolicited facsimile transmissions to Ambassador Animal Hospital, Ltd. ("AAH") concerning continuing education seminars sponsored by Elanco. The Court dismissed the TCPA fax claims, ruling that plaintiff failed to prove that Elanco had sent the subject unsolicited fax materials with sufficient commercial motivation. As readers know, we regularly cover the latest TCPA developments and provide primers on TCPA basics. The Illinois case at issue in this blog is captioned Ambassador Animal Hospital, Ltd. v. Elanco Animal Health, Inc., Case No. 20-cv-02886 (N.D. of Ill. Feb. 18, 2021).

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