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ACT Inc. Can't Shake TCPA Suit Over Spam Faxes

Law360, Chicago (December 16, 2013, 6:40 PM EST) -- A Massachusetts federal judge on Monday refused to toss a proposed class action accusing ACT Inc. of peppering businesses with illegal fax advertisements, finding that the college and career planning company's offer of judgment to the plaintiff did not render the claims moot.

In a seven-page order, U.S. District Judge Timothy S. Hillman denied ACT's motion to dismiss the case for lack of subject matter jurisdiction, rejecting the Iowa-based company's argument that the complaint was moot because plaintiff Bais Yaakov of Spring Valley had been offered a judgment under Federal Rule of Civil Procedure 68.

Before Bais Yaakov — a religious...

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