6th Circ. Affirms Class Cert. Denial In Junk Fax Row

By Allison Grande (July 12, 2017, 10:24 PM EDT) -- The Sixth Circuit on Tuesday upheld the denial of class certification in a Telephone Consumer Protection Act suit accusing a pharmaceutical distributor of sending out more than 40,000 junk faxes in 2010, ruling that questions about whether recipients had consented to or even received the fax couldn't easily be resolved on a classwide basis. 

Sandusky Wellness Center brought the dispute to the Sixth Circuit after an Ohio federal judge shot down its motion to certify a class of 40,343 recipients of a fax from ASD Specialty Healthcare, which does business as Besse Medical AmerisourceBergen Specialty Group, advertising the osteoporosis drug Prolia. The...

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