TCPA Ruling: Health Insurance “Update” Fax Is Not A TCPA Advertisement

By Sheila Raftery Wiggins

A federal court ruled that a fax sent by a pharmacy benefit manager (“PBM”) to healthcare providers notifying recipients of changes to insured parties’ coverage for prescriptions – the fax mentioned the PBM’s business but did not promote any products or services – did not constitute an “advertisement” under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).  The court applied the “commercial nature” test for a TCPA advertisement. Continue reading “TCPA Ruling: Health Insurance “Update” Fax Is Not A TCPA Advertisement”

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