Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
Physicians Healthsource appeals from Judge Underhill’s dismissal of its class action complaint asserting violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. § 227 (the TCPA). The complaint alleges that appel-lees (collectively “Boehringer”) sent an unsolicited fax invitation for a free dinner meeting to discuss ailments relating to ap-pellees’ business. According to appellant, this fax constituted an “unsolicited advertisement” prohibited by the TCPA.
Judge Underhill dismissed appellant’s complaint for…
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