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TCPA Violation
By: Derek Hawkins//April 6, 2020//
Listen to this article7th Circuit Court of Appeals
Case Name: Physicians Healthsource, Inc., v. A-S Medication Solutions, LLC, et al.,
Case No.: 19-1452
Officials: FLAUM, MANION, and KANNE, Circuit Judges.
Focus: TCPA Violation
In February 2010, A-S Medication Solutions, LLC (“AMS”) sent a fax advertisement to 11,422 different numbers from a recently acquired customer list. Nearly two years later, Physicians Healthsource, Inc. (“PHI”) filed a putative class action suit asserting that those faxes violated the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227. The district court subsequently: certified the proposed class; granted PHI’s motion for summary judgment on liability against AMS and its CEO, Walter Hoff; entered a nearly $6 million judgement; and approved a distribution plan for that judgment. On appeal, AMS challenges all those decisions but the certification of the class. We affirm.
Affirmed
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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