J&J Unit Beats TCPA Junk Fax Class Action

Law360, New York (February 1, 2013, 7:37 PM EST) -- A New Jersey federal judge on Thursday tossed a proposed class action alleging Johnson & Johnson unit Janssen Pharmaceuticals Inc. and its marketing company violated the Telephone Consumer Protection Act, agreeing that unsolicited faxes they sent medical practices were not advertisements.

U.S. District Judge Freda L. Wolfson granted a joint motion to dismiss filed by defendants Janssen and its marketing company Alert Marketing Inc. seeking to boot the class action brought by Physicians Healthsource Inc. over the so-called junk faxes. In a two-page order, Judge Wolfson...
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