Commercial speech

In Clean Energy v. Trillium Transportation Fuels, No. 05-18-01228-CV (July 9, 2019) (mem. op.), the Fifth Court applied the “commercial speech” exemption to communications made by Clean Energy, reasoning: “Clean Energy sent unsolicited emails to Trillium’s customers, indicated Trillium’s prices were too high, and attempted to meet with Trillium’s customers to ‘present our renewable CNG offering and support services’ and discuss ‘what we could do today.’ The fact that the emails do not provide specific details about Clean Energy’s pricing or business proposal does not mean the emails are not about Clean Energy’s goods and services. Because part of Clean Energy’s communications involves its goods and services, [Dickens v. Jason C. Webster, P.C., No. 05-17-00423-CV, 2018 WL 6839568 (Tex. App.–Dallas Dec. 31, 2018, no pet.) (mem. op.)] is distinguishable and does not control the outcome under these facts.” (LPCH represents Clean Energy in this matter.)