4th Circuit: Offering A Free Gift Could Be An Unsolicited Advertisement

The 4th Circuit held that offering a free eBook could violate the TCPA's prohibition on "unsolicited advertisements."

PDR Network publishes the Physicians' Desk Reference, which is "a compilation of medical prescribing information for certain prescription drugs" most often used by medical practitioners. In 2013, PDR Network sent an unsolicited fax offering a free eBook of the Physicians' Desk Reference to the chiropractic office of Carlton & Harris Chiropractic, Inc. The fax provided a link to "reserve" a copy of the eBook and contained bullet points calling attention to its appealing features – its digital format and it being the same as the hard-copy version.

Carlton & Harris Chiropractic filed a class action lawsuit alleging that the fax was a violation of the TCPA's prohibition on unsolicited advertisements. The case kicked around in the courts for a number of years – twice going to the 4th Circuit Court of Appeals and to the U.S. Supreme Court. After years