Health Law Highlights

Fourth Circuit Broadens TCPA’s Reach Over ‘Unsolicited Advertisements’

Summary of article from Faegre Drinker Biddle & Reath LLP, by Bridgette Lehman, William Wright:

The Fourth Circuit Court of Appeals has broadened the interpretation of “unsolicited advertisements” under the TCPA in the case of Family Health Physical Medicine, LLC v. Pulse8, LLC. The court reversed a lower court’s dismissal, ruling that a fax inviting recipients to a free webinar could be considered an advertisement, even without explicitly offering goods or services for sale. This decision, which contrasts with narrower interpretations from other circuits, allows for “implicit marketing” and considers the potential for future promotional contact. As a result, businesses face increased liability and may need to reassess their fax communication strategies to mitigate TCPA risks. The ruling’s implications could influence TCPA litigation strategies beyond the Fourth Circuit.