Ill. Appeals Court Nixes Class Cert. In Spam Fax Suit

Law360, New York (September 3, 2013, 2:18 PM EDT) -- An Illinois appeals court on Thursday reversed a decision granting class certification in a suit accusing a Wisconsin pool and hot tub supplier of peppering businesses with spam faxes, finding that an advertising agency had sent unauthorized faxes on the company's behalf.

In a 19-page opinion, a three-judge panel found that plaintiff Uesco Industries Inc. had not stated a valid claim against Poolman of Wisconsin Inc. and was not an adequate class representative for the 40 companies that allegedly received unsolicited fax advertisements from Poolman in...
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