Kmart Can't Dodge TCPA Junk Fax Allegations

Law360, New York (March 21, 2013, 1:15 PM EDT) -- A Michigan federal judge on Wednesday shot down Kmart Corp.'s attempt to escape a Telephone Consumer Protection Act class action accusing the company of sending out unsolicited advertisements via fax, ruling that the allegations are specific enough to move forward.

The retail giant had argued that named plaintiff Jonathan Small did not provide any factual support for his claims, but U.S. District Judge Denise Page Hood said that his complaint lists sufficient details to survive the company's dismissal motion.

Small has properly accused Kmart of sending...
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