Did the Third Circuit err by holding that a commercial fax cannot be an 'advertisement' as defined by the TCPA unless it promotes a direct sale of the sender's goods or services to the recipient

QUESTION PRESENTED Did the Third Circuit err by holding that a commercial fax cannot be an “advertisement” as defined by the TCPA unless it promotes a direct sale of the sender’s goods or services to the recipient where the Sixth Circuit held the opposite in Matthew N. Fulton, DDS, P.C. v. Enclarity, Inc., 907 F.2d 948 (6th Cir. 2018), reh’g denied, 2018 U.S. App LEXIS 36638 (Dec. 27, 2018), pet. for cert. filed, Enclarity Inc. v. Matthew N. Fulton DDS, P.C., No. 18-1258 (U.S. March 27, 2019).