St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018)
Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including proper opt-out notice. Defendant removed the case to federal court, then sought dismissal for lack of Article III standing. Unsolicited faxes require an "opt-out" notice meeting certain requirements: (1) they must be "clear and conspicuous and on the first page of the advertisement;" (2) state that the recipient may request that the sender not send future ...
Physicians HealthSource, Inc. v. Multiplan Services, Corp., No. 12-11693-GAO, 2013 WL 2599134 (D. Mass. Sept. 18, 2013) According to the Complaint, Plaintiff did not give Defendant permission to send it faxes. The TCPA prohibits unsolicited advertisements sent via facsimile. But advertisements are exempt from the prohibition if: (1) the sender has an established business relationship with the fax recipient; (2) the sender obtained the recipient's fax number through a voluntary disclosure by the recipient; and (3) the unsolicited fax contains language clearly indicating how ...