Fort Lauderdale, Fla. – September 28, 2026 – Greenspoon Marder obtained a decisive victory in a Telephone Consumer Protection Act (“TCPA”) case in the U.S. District Court for the Eastern District of Michigan that was originally filed as a putative class action. The Greenspoon Marder team, led by partners Jeffrey Backman and Roy Taub, had previously defeated the plaintiff’s motion for class certification.
The case arose from a fax sent on April 23, 2018, to dental providers within the defendant’s network, including the plaintiff, a dental practice in Livonia, Michigan. U.S. District Judge Linda V. Parker granted the defendant’s motion for summary judgment and denied the plaintiff’s cross-motion for summary judgment, concluding that there was no genuine dispute of material fact and that the defendant was entitled to judgment as a matter of law.
The court held that the single-page fax at issue was not an “advertisement” under the TCPA because it was an informational “new group” communication from the defendant’s Provider Relations Department sent only to dental practices that were already in-network providers. The fax was intended to facilitate the provision of dental insurance benefits to new plan members, not to sell goods or services. In finding that the fax was not an advertisement, the court emphasized that there was no evidence that the defendant had ever sold anything to, or received money from, its network providers.
The court also rejected the plaintiff’s arguments that the fax was sufficiently commercial in nature because it was sent to retain existing plan members and promote provider participation in the defendant’s network, among other stated goals. Such potential consequences, according to the court, “are far too remote to render [the fax] commercial in nature” and foreclosed by controlling Sixth Circuit authority; not to mention that such a view would transform virtually any communication into advertising and “create a minefield for businesses attempting to communicate with customers for routine purposes.” The plaintiff’s additional arguments that the fax constituted an advertisement because it contained boilerplate language allowing recipients to opt out of “any future advertisement” and included a link to the defendant’s website were also rejected.
Because the fax was not an advertisement, the court found the TCPA inapplicable. The ruling concludes a heavily litigated class action that dates back to April 2022.
This result reflects Greenspoon Marder’s extensive experience defending businesses in TCPA litigation. The firm’s Class Action Defense Practice Group has achieved successful outcomes in hundreds of TCPA matters, combining strategic litigation defense with practical compliance guidance designed to minimize risk and support long-term business growth.
About Greenspoon Marder
Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has held a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions. For more information, visit www.gmlaw.com.
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