SCOTUS Distributes Veterinarian’s TCPA Cert Petition for April 12 Conference

The U.S. Supreme Court distributed for the justices’ April 12 conference Ambassador Animal Hospital's Telephone Consumer Protection Act cert petition, said a text-only docket entry Wednesday (docket 23-552). The Nov. 20 petition seeks to reverse the 7th U.S. Circuit Court of Appeals decision affirming the district court’s dismissal of Ambassador’s TCPA complaint against Elanco, a veterinary pharmaceutical company (see 2403180006). Elanco allegedly sent Ambassador two faxes inviting its veterinarians to an informational dinner seminar, but the lower courts held that the faxes didn’t constitute unlawful unsolicited ads under the TCPA because they didn’t explicitly solicit purchases for Elanco products. Ambassador alleges that the fax invitations were pretext for marketing Elanco’s veterinary drugs and thus were unsolicited ads under the TCPA.