ARTICLE · 09 JANUARY 2018

TCPA Class Action Fax Lawsuit

Klein Moynihan Turco LLP

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On November 2, 2017, the United States District Court for the Northern District of Illinois (Leinenweber, J.) denied a motion to dismiss a class action fax lawsuit against Promologics, Inc.

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On November 2, 2017, the United States District Court for the Northern District of Illinois (Leinenweber, J.) denied a motion to dismiss a class action fax lawsuit against Promologics, Inc. (d/b/a "Health-Scripts"), a healthcare company offering network opportunities, and Janssen Pharmaceuticals, Inc. ("Janssen"), a pharmaceutical company that markets a type 2 diabetes drug (collectively "Defendants"). Plaintiffs America's Health & Resource Center and Affiliated Health Group, Ltd. (collectively "Plaintiffs") alleged that Defendants violated the Telephone Consumer Protection Act ("TCPA") by sending unsolicited marketing materials via telecopier without including the TCPA-mandated opt out notice. The case is captioned America's Health & Res. Ctr., Ltd. v. Promologics, Inc., No. 1:16-cv-09281 (N.D. Ill. Nov. 2, 2017).

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