fax

Have You Been Sued by Camp Drug Store for Alleged Fax TCPA Violations?

January 29, 2018 Last week, a federal district court in Illinois refused to dismiss a putative class action lawsuit filed against Red Parrot Distribution, Inc. (“Red Parrot”) amidst allegations that the pharmacy supplier’s fax advertisements violated the Telephone Consumer Protection Act (“TCPA”). The subject fax TCPA lawsuit was filed by Camp Drug Store, Inc. (“Camp Drug Store”) – …

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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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Class Certification Denied in TCPA Fax Class Action Due to Dishonesty

June 14, 2017 On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action.  In doing so, the district judge chided the “professional class action plaintiff” due to its demonstrable dishonesty in responding to discovery demands.  In addition, …

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Offer of Judgment Fails to Defeat TCPA Fax Class Action

May 16, 2017 On May 8, 2017, the United States District Court for the Southern District of New York issued a ruling rejecting Educational Testing Service’s (“ETS”) attempt to moot a class action brought pursuant to the Telephone Consumer Protection Act (“TCPA”) through an offer of judgment.  The TCPA fax class action complaint alleges that …

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Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

April 21, 2017 A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois.  The plaintiff seeks to represent a nationwide class of persons and entities who received one or more faxes alleged to have been sent in violation of the Telephone …

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DC Circuit Strikes Down TCPA Fax Rule

April 4, 2017 Last week, the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) struck down a Federal Communications Commission (“FCC”) rule promulgated under the Telephone Consumer Protection Act (“TCPA”) which regulates fax advertisements.  The telemarketing industry rejoiced as the DC Circuit struck a key provision of the FCC’s …

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Cynosure Settles Fax TCPA Class Action for $16 Million

January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims.  Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were …

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Eleventh Circuit: Insurer May Have to Cover Fax TCPA Liability

January 5, 2017 Last Thursday, the Eleventh Circuit Court of Appeals vacated a Georgia federal district court’s Telephone Consumer Protection Act (“TCPA”) ruling, finding that global online manufacturing marketplace MFG.com (“MFG”) satisfied its insurance policy’s notice requirement in connection with multiple fax TCPA lawsuits. How can marketers minimize their risk of TCPA liability?