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”

Displaced New Jersey Residents To Vote by E-mail or Fax

The New Jersey Department of State issued a directive to county elections officials to permit New Jersey registered voters displaced by Hurricane Sandy to vote electronically. Specifically, the directive permits voting by e-mail or fax. Of course, there are many security addresses that must be addressed to eliminate voter fraud. Of particular concern is how election officials plan to authenticate the e-mail and fax ballots they receive from displaced New Jersey residents.

This is the first time technology has been used in this way to vote and assuming that the security issues are adequately addressed, it will likely be studied to determine if it can used for the masses in future elections.

The release can be viewed on the New Jersey state website:
http://www.state.nj.us/governor/news/news/552012/approved/20121103d.html.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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