Forest Labs Can't Escape Class Action Over Junk Faxes

Law360, New York (March 13, 2013, 8:32 PM EDT) -- A Missouri judge on Wednesday refused to toss a proposed class action over junk faxes, saying drugmaker Forest Laboratories Inc. had not shown that faxes it sent to a St. Louis cardiology center were not advertisements in violation of the Telephone Consumer Protection Act.

U.S. District Judge Jean C. Hamilton said the 40 junk faxes that St. Louis Heart Center Inc. allegedly received between August 2010 and January 2011 may come under a category of promotional material that would be covered by the TCPA, which proscribes...
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