Webinar Invitation Fax Can Be Unlawful Advertisement, Court Says

A fax from a healthcare technology company to a doctor’s office inviting recipients to a free webinar can constitute an advertisement barred by the Telephone Consumer Protection Act, a divided Fourth Circuit ruled Friday.

Judge Toby J. Heytens, of the US Court of Appeals for the Fourth Circuit, said Ohio-based Family Health Physical Medicine LLC plausibly alleged Pulse8 LLC’s fax violated the TCPA, a federal statute barring unsolicited ads sent by fax. "[T]he complaint alleged that the webinar was being used to market Pulse8’s products,” Heytens said. “We conclude Family Health has plausibly alleged the fax was an ...