Stryker Fax Recipients Urge Class Cert. Over TCPA Claims

Law360, New York (July 23, 2013, 5:32 PM EDT) -- A Cincinnati medical practice on Monday urged a Michigan federal judge to grant nationwide class certification to recipients of Stryker Corp. faxes promoting orthopedics seminars, saying the device maker’s messages uniformly offend the Telephone Consumer Protection Act.

Physicians Healthsource Inc.'s suit against Stryker and several affiliates alleges that the company peppered more than 8,000 unique fax numbers with various faxes promoting seminars on orthopedic technology advances to primary care physicians.

The suit argues that the faxes ran afoul of a 2006 Federal Communications Commission rulemaking that...
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