Sarah Mirando  |  January 31, 2013

Category: Legal News

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Cephalon TCPA Junk Fax Class Action Lawsuit Survives Dismissal

By Mike Holter

 

CephalonA federal judge on Monday denied a motion to dismiss a class action lawsuit alleging drugmaker Cephalon Inc. and medical marketing firm SciMedica Group LLC violated the Telephone Consumer Protection Act by sending junk faxes to consumers.


Ohio-based Physicians Healthsource filed the TCPA class action lawsuit in July 2012, alleging Cephalon and SciMedica sent unsolicited fax advertisements to them and more than 25 other recipients without first obtaining their permission or invitation. They further allege the faxes also failed to display the required opt-out notice.

The TCPA prohibits companies from sending fax advertisements to consumers without their prior express permission or request. Recipients of unsolicited fax advertisements can file a lawsuit in state court to collect $500 for each violation.

Cephalon and SciMedica tried to dismiss the junk fax class action lawsuit by arguing that the faxes at issue were not addressed to the plaintiff, but rather to a doctor employed by the plaintiff, and that only the fax addressee can file a claim under the TCPA.

U.S. District Judge Legrome D. Davis Jr. shot down the motion, however, saying accepting that argument would allow advertisers to duck liability and circumvent the statute by simply addressing every ad to John Doe.

“We must presume that Congress did not intend such an absurd result,” Judge Davis wrote.

The Cephalon fax class action lawsuit is seeking to represent all people or entities that received faxes from Cephalon within the past four years.

The Cephalon TCPA Class Action Lawsuit case is Physicians Healthsource Inc. v. Cephalon Inc. et al., Case No. 12-cv-03753, U.S. District Court for the Eastern District of Pennsylvania.

The plaintiff is represented by Brian J. Wanca and Ryan M. Kelly of Anderson & Wanca and Ann M. Caldwell of Caldwell Law Office LLC.

Did you receive an unsolicited fax advertisement, text message or cellphone call? You may have a legal claim under the Telephone Consumer Protection Act. Visit our class action lawsuit investigation to see if you qualify to seek compensation through a TCPA class action lawsuit settlement.

 

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Updated January 31st, 2013

 

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2 thoughts onCephalon TCPA Junk Fax Class Action Lawsuit Survives Dismissal

  1. Robert says:

    add me please

  2. Dorothy says:

    Send a claim form.

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