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In Mauthe v. Nat'l Imaging Assocs., No. 18-2119, 2019 U.S. App. LEXIS 11232 (3d Cir. Apr. 17, 2019), the Court of Appeals for the Third Circuit found that a fax was not a solicitation for goods and services. Moreover, the fax did not tell Mauthe that he [*7]  could purchase healthcare management services from defendant or direct him to a website… Read More

In Brodsky v. HumanaDental Insurance Co., 2018 WL 6295126, at *5–6 (7th Cir. 2018), the Court of Appeals for the Seventh Circuit denied class certification in a TCPA Blast-Fax case. We agree with the D.C. Circuit (and the Sixth and Ninth) that, at a minimum, it is necessary to distinguish between faxes sent with permission of the recipient and those… Read More

In Supply Pro Sorbents, LLC, v. RingCentral, Inc., No. 17-16528, 2018 WL 6068590 (9th Cir. Nov. 16, 2018), the Court of Appeals for the Ninth Circuit in an unpublished case affirmed the dismissal of a TCPA claim against an online fax service. Defendant RingCentral, Inc. (“RingCentral”) operates an online service that allows its customers to send faxes using a cover sheet… Read More

In Fulton, D.D.S., v. Enclarity, Inc., No. 17-1380, 2018 WL 5726133 (6th Cir. Nov. 2, 2018), the Court of Appeals for the 6th Circuit concluded that a fax sent to the dentists' office could constitute an “advertisement” that subjected the fax to the TCPA. Fulton alleged that the fax was a pretext to obtain both “participation in Defendants’ proprietary database”… Read More

In Sawyer v. KRS Biotechnology, 2018 WL 2425780 (S.D. Ohio 2018), Magistrate Judge Bowman denied class certification in a junk-fax TCPA class action.   Although the defendant’s V.P. Of sales was unfamiliar with the TCPA before the litigation and the defendant had no formal records documenting individualized consent to send the faxes, Judge Bowman found that individual questions of consent predominated.… Read More

In Menachem Raitport and Crown Kosher Meat Market, Inc. v. Harbour Capital Corporation, 2018 WL 2186469, at *4–6 (D.N.H., 2018), Judge McAuliffe found that he was bound by the DC Circuit's ruling on the FCC's Solicited Fax Rule, not the FCC's Rule itself. Raitport argues that “this Court lacks the jurisdiction to follow the D.C. Circuit’s decision [in Bais Yaakov]… Read More

In Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 2018 WL 1021225, at *2–4 (C.A.4 (W.Va.), 2018), the Court of Appeals for the 4th Circuit held that the Hobbs Act prevented the District Court from side-stepping the FCC's Rules. The question presented is whether and when a fax that offers a free good or service constitutes an advertisement under… Read More

In Etter v. Allstate Insurance Company, 2017 WL 6594069, at *4–5 (N.D.Cal., 2017), Judge Alsup denied certification of one TCPA blast-fax case due to lack of class representative's standing, but granted certification of a second class.  As to the standing issue, Judge Alsup found that: Etter cites various decisions for the proposition that “awareness” of an offending transmission is unnecessary to establish… Read More

In St. Louis Heart Center, Inc. v. Nomax, Inc., 2017 WL 1064669, at *2 (E.D.Mo., 2017), Judge White dismissed a TCPA class action because the class representative lacked standing. The Court agrees that SLHC has not alleged a concrete and particularized injury arising from the alleged deficiency in the opt-out notice. Spokeo,, 136 S. Ct. at 1548. Further, the Court… Read More

In Physicians Healthsource, Inc., v. Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim Corporation, Medica, Inc.,  2017 WL 461002, at *4 (2d Cir. 2017), the Court of Appeals for the Second Circuit put some meat on the bones of whether a fax offering a "free seminar" triggers the TCPA. Requiring plaintiffs to plead specific facts alleging that specific products or services would… Read More

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