TCPA Tracker For September - October 2023

Cases of Note

Ninth Circuit Affirms Decertification of Class under Amerifactors and Denies Treble Damages

In True Health Chiropractic, Inc. v. McKesson Corp., the Ninth Circuit affirmed the district court's grant of summary judgment for Plaintiffs. However, Plaintiffs' victory was cut short by the Court's decision to affirm decertification of the class, and deny "willful and knowing" treble damages.

Plaintiffs alleged they received thirteen advertising faxes from Defendant offering discounts on medical billing software. Though Defendant argued that Plaintiffs consented to these faxes by willingly providing their contact information, including their fax numbers, on registration forms, according to the court, "nothing about the form would suggest to a reasonable consumer that, upon submitting the form, he or she had agreed to receive faxed advertisements." This defect was also not cured by the end-user license agreement ("EULA"), which stated that the contact