In an unexpected twist, the Seventh U.S. Circuit Court of Appeals made a ruling that might just have you dusting off that fax machine in the corner. Elanco Animal Health, a company providing animal health products and services, sent Ambassador Animal Hospital unsolicited faxes inviting veterinarians and the owner to RSVP for two free dinner programs. Now, while many might consider such faxes as marketing ploys, the Court saw things differently.
“The faxes do not indicate—directly or indirectly—to a reasonable recipient that Elanco was promoting or selling some good, service, or property as required by the TCPA,” the court elucidated. Interestingly, these dinner programs were not some ambiguous affairs. They were about “Canine and Feline Disease Prevention Hot Topics” and “Rethinking Management of Osteoarthritis,” both of which came with continuing education credits.
… the faxes did not constitute unsolicited advertisements under the TCPA. We affirm, holding that the faxes do not indicate—directly or indirectly—to a reasonable recipient that Elanco was promoting or selling some good, service, or property as required by the TCPA.
Seventh U.S. Circuit Court of Appeals
Yet, the inclusion of Elanco’s trademarked logo on these invitations, the court wrote, did not suggest that the readers should buy any of Elanco’s products or services. Instead, they held that “the TCPA does not go so far as to prohibit sending faxes on company letterhead to promote free education on topics that relate to the sender’s business—it prohibits advertising products or services.”
But what of the broader implications? We all know unsolicited communications aren’t the politest thing in the world, especially if they’re veiled commercial offers. Faxing, in particular, might seem an odd choice for such endeavors, but it just might be making a low-key comeback. With the Seventh Circuit’s ruling, businesses might just see a gleam of opportunity in sending such faxes. It’s like giving away a free cupcake at the bakery; it’s delightful and enticing.
Ambassador, citing a 2006 FCC Order, argued that many “free” seminars are simply pretexts to advertise commercial products and services. However, the Seventh Circuit’s response was clear. They found this interpretation inconsistent with the TCPA’s wording, asserting the act is limited to advertisements promoting “commercial” property, goods, and services.
So, next time you receive an intriguing fax about a free seminar, dinner, or event, just remember the Seventh Circuit’s stance. It’s not an ad, just a warm, friendly invite! 🤷 And who knows, maybe that’s the charm of fax in our fast-paced digital age – it keeps you guessing.
