PDR Network LLC defeated a long-running proposed class action alleging it sent faxes advertising free electronic versions of a medical-reference book in violation of the Telephone Consumer Protection Act.

Plaintiff Carlton & Harris Chiropractic Inc. failed to show that the fax it received from PDR Network had the necessary commercial character to make it an "unsolicited advertisement" under the TCPA, Judge Robert C. Chambers of the US District Court for the Southern District of West Virginia said Thursday.

Chambers granted PDR Network's motion for summary judgment and dismissed the "John Doe" defendants named in the complaint.