Cirque du Soleil Can't Escape Junk Fax Class Action

On November 12, 2015, the United States District Court for the Northern District of Illinois denied Cirque du Soleil's ("Cirque") motion to dismiss a pending class action brought pursuant to the Telephone Consumer Protection Act's ("TCPA") Junk Fax Prevention Act of 2005 ("JFPA"). Cirque argued that the class action, which was commenced on March 21, 2014, was barred on statute of limitations grounds because the allegedly unsolicited fax at issue was sent to the class representative back on July 7, 2009. The Court, however, rejected this argument due to a previous class action litigation brought against Cirque by a different class representative concerning the very same commercial fax broadcast.