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Fax to Doctors May Violate Law Against Junk Faxes

There's no such thing as a free lunch and apparently no free dinners either -- at least not unsolicited fax invitations for dinner and a business show.

The U.S. Second Circuit Court of Appeals said that an unsolicited fax for a free dinner may have violated the Junk Fax Protection Act of 2005. Although a trial judge ruled the invitation was not a prohibited advertisement, the appeals court said it was close enough because the dinner had a business purpose.

Boehringer Ingelheim Pharmaceuticals, Inc. had faxed doctors an invitation to a free dinner and a presentation about a physical disorder. The company was waiting for FDA approval of its drug to treat the disorder at the time.

"The fax invitation was sent to a doctor, whom Boehringer would presumably hope to persuade to prescribe its drugs to patients," Judge Ralph K. Winter wrote for the court. "Therefore, facts were alleged that Boehringer's fax advertised a free seminar relating to its business."