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7th Circ. Affirms $5.7M Judgment In Junk Fax Suit

by scceu0432

Law360 (February 25, 2020, 4:04 PM EST) — The Seventh Circuit on Monday upheld a $5.7 million judgment against a pharmaceutical wholesaler accused of sending junk faxes to a class of medical professionals, saying the wholesaler failed to show adequate evidence that customers consented to receiving the company’s advertisements.

The faxes at issue were sent to former customers of AllScripts, an electronic health care record system vendor that A-S Medication purchased in 2009 in a full asset sale. A-S Medication argued on appeal that customers’ consent to receive faxes transferred over with everything else in the purchase, but a three-judge panel disagreed, saying the Telephone Consumer Protection Act must…

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