June 19, 2015
On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides service plans to health care plan sponsors that enable them to offer more informed and less expensive prescription drug benefits to their members. The defendant maintained and provided a list of medicines available through health care plans. The defendant also sent those lists to health care providers that prescribe medications to the defendant’s clients’ members. As a result of receiving two of those lists via telecopier, the plaintiff sued. The Appellate Court affirmed the district court dismissal of the action “[b]ecause no reasonable jury could conclude from this record that the faxes were commercial in nature, they are not ‘advertisements’ under the [TCPA].”
What Constitutes an Advertisement Under the TCPA?