A dentist’s lawsuit against United Concordia alleging violations of the Telephone Consumer Protection Act will be allowed to continue after a summary judgement in the U.S. Court of Appeals for the Sixth Circuit.
Brian Lyngaas, DDS, of Michigan, filed a lawsuit against United Concordia in 2021, alleging that the insurance company violated the Telephone Consumer Protection Act by sending unsolicited faxed advertisements in 2020 and 2021.
United Concordia argued that the faxes, which were part of its Value Add Program, were not advertisements as defined by the TCPA. The U.S. District Court for the Eastern District of Michigan sided with United Concordia, dismissing the case in August 2024.
In response to Dr. Lyngaas’ appeal of the dismissal, the U.S. Court of Appeals for the Sixth Circuit found that United Concordia’s faxes were advertisements under the TCPA because they promoted third-party products as part of marketing agreements.
