Millennium Health Dodges TCPA Suit Over Free Seminar Faxes

Millennium Health LLC won’t have to face a proposed class action alleging it sent text messages advertising a free educational seminar in violation of the Telephone Consumer Protection Act, a federal appeals court ruled.

Liability under the TCPA extends only to unsolicited communications promoting the sale of goods and services, not free services such as the seminar at issue in the lawsuit, the US Court of Appeals for the Third Circuit said Thursday in an unsigned opinion.

The court affirmed a lower court’s grant of summary judgment to Millennium Health, a laboratory that provides drug-testing and medication-monitoring services.

Robert ...