TCPA Class Action-Unsolicited Advertisements

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7^th Circuit Court of Appeals

Case Name: Ambassador Animal Hospital, Ltd. v. Elanco Animal Health Incorporated

Case No.: 22-1304

Officials: Scudder, Kirsch, and Jackson -Akiwumi , Circuit Judges

Focus: TCPA Class Action-Unsolicited Advertisements

Elanco Animal Health sent two unsolicited faxes to Ambassador Animal Hospital, extending invitations to their veterinarians and owner for two free dinner programs: “Canine and Feline Disease Prevention Hot Topics” and “Rethinking Management of Osteoarthritis.” The faxes stated that both programs were approved for continuing education credits and provided details about the presenters. The “Elanco” logo was displayed in the corners of each invitation, and a notice at the bottom advised recipients to review state or federal regulations or ethics laws regarding industry-provided educational and food items.

Ambassador Animal Hospital filed a lawsuit, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. They argued that the faxes constituted unsolicited advertisements since the free dinner programs were a marketing tool for Elanco’s animal health products and services. However, the Seventh Circuit upheld the dismissal of the complaint. The court pointed out that the TCPA employs an objective standard that focuses specifically on the content of the faxed document. In this case, the faxes did not explicitly or implicitly convey to a reasonable recipient that Elanco was promoting or selling any goods, services, or property, as required by the TCPA. Consequently, the court rejected the argument that the faxes were a “pretext” for advertising purposes.

Affirmed.

Decided 07/24/23

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