Caremark Can't Shred Junk Fax Suit

Law360, New York (April 19, 2013, 4:53 PM EDT) -- A Missouri federal judge on Friday refused to dismiss a health care provider's putative class action alleging pharmacy giant Caremark LLC sent it an unsolicited fax, rejecting the company's argument that the fax wasn't an advertisement as defined by the Telephone Consumer Protection Act.

Caremark had argued the fax it sent St. Louis Heart Center discussing its pharmacy advisory program was an informational message, but U.S. District Judge Thomas C. Mummert III said the fax was clearly intended to boost the company's business rather than educate...
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