Third Circuit rejects TCPA claim in “junk fax” putative class action | Consumer Finance Monitor
On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection

The humble fax machine finds itself embroiled in a legal kerfuffle, with the Third Circuit Court of Appeals giving it an unexpected moment in the limelight. Dr. Mauthe, a seasoned litigator of the TCPA variety, must have felt like he’d struck gold when he received a fax from Millennium Health LLC advertising a free educational seminar. Alas, the court was having none of it, unanimously ruling in favor of Millennium Health, deeming the fax non-promotional and purely educational.

Our good old friend, the fax machine, stands triumphantly in the middle of a bizarre battleground where sending a fax about a free educational seminar and a lawsuit collide. The court’s decision leaves us pondering the fine line between what is considered an advertisement and what is not. It seems, in this case, the fax machine’s message was too educational and not salesy enough to push it into the realm of TCPA violation.

Dr. Mauthe’s attempt to rally against the unsolicited fax has ended in defeat, but it does highlight the curious conundrum of the fax machine’s status in the modern world. In a time where emails and instant messaging dominate communication, the fax remains a peculiar mainstay in some industries, steadfastly refusing to budge. It seems we’re all caught between embracing a paperless world and maintaining a soft spot for the trusty fax machine.