Third Circuit Strikes TCPA Fax Lawsuit

On January 19, 2023 the Third Circuit dismissed a TCPA class action lawsuit (Mauthe v. Millennium Health LLC) against a company that had sent a one-page promotional fax to consumers without their prior consent about a free educational seminar related to drug testing and medication monitoring.

The free seminar would "highlight national trends in opioid misuse and abuse...and discuss the role of medication monitoring as a valuable tool that provides objective, actionable information during the care of injured workers."

The fax did not promote specific goods or services. Nor did it include pricing information, testimonials, discount offers, coupons, or any product images. It also did not contain contact information for purchasing a product or service sold by the company. Nevertheless, Millennium Heath was sued under the TCPA's fax provisions based on a claim that the fax was an unsolicited advertisement.