TCPA Fax Liability: What's Your Motivation? [telecom]

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by David O. Klein

Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act ("TCPA") claims against an animal health and wellness company, Elanco Animal Health, Inc. ("Elanco"). Elanco sent unsolicited facsimile transmissions to Ambassador Animal Hospital, Ltd. ("AAH") concerning continuing education seminars sponsored by Elanco. The Court dismissed the TCPA fax claims, ruling that plaintiff failed to prove that Elanco had sent the subject unsolicited fax materials with sufficient commercial motivation.