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ARTICLE · 02 OCTOBER 2023

TCPA Tracker - August 2023

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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The Fourth Circuit recently held that an unsolicited fax promoting a free eBook was ​"commercial" because the eBook contained information about products sold for profit.

United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP

Case of Note

Circuit Court Holds Fax Advertising free eBook to be "Commercial," Reverses Dismissal

The Fourth Circuit recently held that an unsolicited fax promoting a free eBook was "commercial" because the eBook contained information about products sold for profit. The Plaintiff, a chiropractic office, sued Defendant PDR Network under the TCPA for receipt of an unsolicited fax offering a free eBook with information about prescription drugs. The district court originally dismissed the complaint, holding that PlaintifAf had not alleged that the fax, which offered an eBook for free and not for sale, was sufficiently "commercial" to be an "unsolicited advertisement" prohibited by the TCPA. The Fourth Circuit disagreed, and reversed.

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