Readers of this blog know that the Telephone Consumer
Protection Act ("TCPA") is an oft-discussed topic,
with companies continuing to find themselves named as defendants in
TCPA lawsuits. Thankfully, two recent decisions highlight an
additional avenue of defense for companies facing potential TCPA
liability. The question presented in each of these cases was
whether certain messages constituted solicitations within the
meaning of the TCPA. Both federal courts concluded that the subject
messages were not solicitations and, as such, dismissed each of the
plaintiff's claims.
Challenged Communications Are Not Solicitations Under
the TCPA
In S.A.S.B.
Corp., d/b/a Okechobee Discount Drugs v. Johnson &
Johnson Health Care Systems Inc., et al., No. 23-cv-21124
(D.N.J. Aug. 27, 2024), Plaintiff, a family-owned pharmacy, alleged
that Defendants sent a two-page fax promoting the sale of Xarelto,
a prescription medication, as well as a program offering patient
support
