Sandusky Wellness Center, LLC v. Medco Health Solutions, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that when the good or service detailed in the fax is not available to be bought or sold then the fax is not an advertisement
• noting that where the fax’s “primary purpose is informational, rather than to promote commercial products,” it is not covered by the TCPA
• affirming that sending an unsolicited fax that is not an advertisement does not violate that TCPA
• agreeing that 18 USCA4 Appeal: 22-1279 Doc: 40 Filed: 09/06/2023 Pg: 19 of 23 “a fax need not be an explicit sale offer” to qualify as an “advertisement”
• determining that a fax was not an advertisement because no record evidence showed it was sent with the intention of making a profit and because the sender did not sell the drug described in the fax
• finding that faxes were not advertisements, even though they call attention to items and services, because “no record evidence shows that they do so because the drugs or [] services are for sale [], now or in the future”

Source: CourtListener parenthetical corpus (CC0).