United States Second Circuit

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Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc., 15-288

In an action alleging violations of of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. section 227, the district court's grant of defendant's Rule 12(b)(6) motion dismissing the complaint is vacated where an unsolicited fax inviting doctors to a free dinner meeting featuring a discussion of an ailment -- to which an upcoming product, as yet unapproved by the FDA, was aimed -- was not an 'unsolicited advertisement.'

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/03

Judges

  • WINTER

Court

  • United States Second Circuit

Counsel


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