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CMN Upholds Decertification of TCPA Class Action on Appeal

By News Flash Archives, Press Release

After successfully moving to decertify the class in a lawsuit alleging the Firm’s health insurer client violated the TCPA by sending faxes to the insurer’s contracted agents without the specific opt-out notice required by FCC regulations, CMN lawyers have now defeated the class plaintiff’s challenge on appeal. Previously, in related litigation before the FCC, CMN secured a waiver of the regulation for the faxes in question.  On December 3, 2018, the Seventh Circuit Court of Appeals issued its opinion affirming the class decertification holding that in light of the waiver, the evidence CMN presented showing putative class members’ consent to receive the faxes raised individual issues that precluded class treatment of their claims.  The Opinion is available on the link below.

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