Well this feels ancient. Both because this case is about fax machines, and this was decided pre-SCOTUS agreeing to review the TCPA.
Another TCPA fax class was certified in Retina Associates Medical group v. Alliancemed et al., in the Central District of California. Retina alleged that it received an unsolicited fax ad from the Defendants (from among 5,438 total faxes sent) without compliant opt-out notices to recipients. On that basis it sought certification against AllianceMed only. AllianceMed argued the Plaintiffs have no standing as there’s no real injury. The court however agreed with Retina that per Van Patten, a TCPA violation is a concrete de facto injury. The court found that the class met the prerequisites to maintain a class action, and thus certified it.
There’s a pending Motion for Summary Judgment that was filed by Alliancemed in which there are no freedom of speech constitutional arguments raised. TCPAWorld will monitor this case as it proceeds.