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THE FAX SPEAK FOR THEMSELVES: Third Circuit Revives TCPA Class Action Against J&J and Holds a “Patient Support” Fax Can Absolutely Be an Advertisement - TCPAWorld

Detected August 11, 2026 · in Telemarketing & TCPA Compliance

Third Circuit revives TCPA class action against J&J, ruling that a 'patient support' fax can be an advertisement under the TCPA, expanding liability for fax advertising.

Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 11, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Businesses that send faxes, especially in healthcare, pharmaceuticals, and patient support programs, as well as any entity using fax marketing. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediate, as the ruling is now binding precedent in the Third Circuit.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.

What changed

The Third Circuit held that a fax labeled 'patient support' can constitute an 'advertisement' under the TCPA, even if it does not directly offer goods for sale, broadening the scope of what is considered unsolicited advertising.

Who it affects

Businesses that send faxes, especially in healthcare, pharmaceuticals, and patient support programs, as well as any entity using fax marketing.

What you must do

Review all fax marketing and patient support communications to ensure they comply with TCPA consent requirements, and consider obtaining prior express consent before sending any fax that could be construed as promotional.

Deadline

Immediate, as the ruling is now binding precedent in the Third Circuit.

Source: https://news.google.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?oc=5

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