Junk Fax Class Action Against FSSolutions Revived on Appeal

A proposed class action alleging that FSSolutions sent faxes requesting participation in its drug- and alcohol-testing network in violation of the Telephone Consumer Protection Act was improperly dismissed, a federal appeals court said.

Chiropractor Richard Thalman plausibly alleged that the faxes indirectly advertised the company’s services as a lead generator for him to purchase at the cost of a reduced fee for drug-testing, the US Court of Appeals for the Seventh Circuit said Wednesday.

That made the faxes “advertisements” within the meaning of the TCPA, the court said, overturning a lower court ruling that the faxes weren’t advertisements because they ...