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Advanced Care Scripts Settles Pending TCPA Class Action for $9.25 Million

By Kathryn Rattigan & William Daley on December 15, 2016
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Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC (Jefferson Radiation), a Louisiana-based treatment facility. Plaintiffs alleged that Advanced Care sent fax advertisements that violated the Telephone Consumer Protection Act (TCPA), by failing to include the federally mandated opt-out notice. The class of potentially 24,000 members consisted of anyone who received faxes from Advanced Care or its vendors that failed to include the opt-out provision, reaching all the way back to April 29, 2011.

Advanced Care attempted to place liability on WestFax Inc.(WestFax)—the third party vendor it hired to transmit the faxes—claiming WestFax represented that the opt-out notices were included. However, that attempt fell short when, after moving for summary judgment, all claims against WestFax were dismissed in early July.

This case illustrates that failure to adhere to the TCPA’s stringent requirements can result in major financial ramifications for businesses. Businesses should be sure that autodialed faxes are being sent in compliance with the TCPA’s requirements. Moreover, there is another takeaway from this settlement–businesses may encounter difficulties when attempting to assign liability to telecommunications companies.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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Photo of William Daley William Daley

William Maxwell Daley focuses his practice on insurance coverage litigation and business litigation. Read his full rc.com bio here.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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