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Court Finds Fax Survey is TCPA Advertisement

The United States Court of Appeals for the Third Circuit recently upended the legal landscape governing fax marketing by issuing a decision which held that a market research-related fax survey is an advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). What are the implications of the Third Circuit’s fax survey decision?

Class Certification Denied in Fax Lawsuit

April 16, 2018 In a fax lawsuit involving allegations against AT&T Mobility LLC and AT&T Mobility National Accounts LLC (“AT&T”) for violation of the Telephone Consumer Protection Act (“TCPA”), a federal judge in the United States District Court for the District of Connecticut recently denied a motion for class certification brought by the former corporate …

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TCPA Fax Lawsuit against Enclarity Proceeds

March 9, 2018 On March 5, 2018, a motion to dismiss a fax class action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Prevention Act, in the United States District Court for the Northern District of Illinois was denied. In Florence Mussat, M.D. S.C. v. Enclarity, No. 1:16-cv-07643 …

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TCPA Class Action Fax Lawsuit

January 5, 2018  On November 2, 2017, the United States District Court for the Northern District of Illinois (Leinenweber, J.) denied a motion to dismiss a class action fax lawsuit against Promologics, Inc. (d/b/a “Health-Scripts”), a healthcare company offering network opportunities, and Janssen Pharmaceuticals, Inc. (“Janssen”), a pharmaceutical company that markets a type 2 diabetes …

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