Medtox Escapes Junk Fax Suit With Settlement Offer

Law360, New York (January 28, 2015, 1:02 PM EST) -- A Minnesota federal judge on Tuesday dismissed a suit claiming laboratory testing company Medtox Scientific Inc. violated the Telephone Consumer Protection Act by sending junk faxes, saying that its settlement offer provides complete relief to a chiropractic clinic.

U.S. District Judge David S. Doty granted Medtox's motion for summary judgment, saying that its $3,500 offer to Ohio-based Sandusky Wellness Center LLC exceeded its possible recovery under the TCPA and the costs the clinic incurred in the litigation. The offer also includes a promise not to send another fax to the clinic, unless Medtox is specifically asked, according to the ruling. Since...

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