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Telephone And Texting Compliance News: Litigation Update — Third Circuit Shreds Informational Fax Case [telecom]

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by Joshua Briones (Boston) and Esteban Morales (Boston)

The Third Circuit delivered bad news to Dr. Robert Mauthe while he was
making his latest litigation round through the appellate court. The
case is Mauthe v. Millennium Health LLC, No. 20-2265, 2023
U.S. App. LEXIS 1267 (3rd Cir. Jan. 19, 2023) and was filed after the
defendant, a company operating labs that provide drug testing and
medication monitoring services, allegedly sent Dr. Mauthe (a customer)
a one-page fax about a free educational seminar.

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." Millennium Health, 2023 U.S. App. LEXIS 1267 at
*2. The fax did not discuss specific services offered by the defendant
or include pricing information, discount offers, coupons, or product
images. Nor did the actual seminar promote goods, services, or
property for sale. The sender also did not follow up with registrants
or attendees. Nonetheless, Dr. Mauthe sued under the TCPA's fax
provisions claiming the fax was an unsolicited advertisement.

https://www.mondaq.com/article/news/1283134?q=1803232&n=701&tp=12&tlk=14&lk=55

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Telephone And Texting Compliance News: Litigation Update — Third Circuit  Shreds Informational Fax Case [telecom] Bill Horne <malQRMassimilation@gmail.com> - 2023-02-16 21:34 -0500

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