The Sixth Circuit recently clarified that faxes may constitute “advertisements” under the TCPA, thus potentially making the sender liable, even when the products referenced in the faxes are not being sold by the sender. See Lyngaas v. United Concordia Companies, Inc., — F. 4th —, 2025 WL 1625517 (6th Cir. 2025) (available here).
In Lyngaas, the district court had granted summary judgment in favor of United Concordia Companies, Inc. (UCCI) where it sent faxes to dentist members of its Fee for Service Dental Network that advertised discounted products sold by third-party vendors. The district court had reasoned that the faxes were not “advertisements,” in part because UCCI’s profit incentive was too remote.