Jan 3, 2017 ... Read Comprehensive Health Care Sys. of Palm Beaches, Inc. v. Vitaminerals VM /Orthopedics, Ltd., CASE NO. 5:16CV2183, see flags on bad ... From Casetext: Smarter Legal Research Comprehensive Health Care Sys. of Palm Beaches, Inc. v. Vitaminerals VM/Orthopedics, Ltd. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. 5:16CV2183 (N.D. Ohio Jan. 3, 2017)Copy Citation COMPREHENSIVE HEALTH CARE SYSTEMS OF PALM BEACHES, INC., Individually and as the representative of a class of similarly situated persons, Plaintiff, v. VITAMINERALS VM/ORTHOPEDICS, LTD., et al., Defendants. MAGISTRATE JUDGE KATHLEEN B. BURKE Plaintiff Comprehensive Health Care Systems of Palm Beaches, Inc. ("Plaintiff") brings this alleged class action under the Telephone Consumer Protection Act, 47 U.S.C. § 227, based on its receipt of two unsolicited faxes, copies of which are attached to the Amended Class Action Complaint as Exhibits A and B. Docs. 43-1 and 43-2. The faxes urge the recipient to purchase products listed in the faxes from Defendant Vitaminerals ("Vitaminerals" or "VM") and they provide contact information for Vitaminerals. BioFreeze, a product manufactured by Defendant Hygenic Corporation ("Hygenic"), is prominently featured in the faxes, although other types of healthcare products sold by Vitaminerals are also listed. Plaintiff also alleges a state law claim for conversion bases on the same alleged facts. Hygenic has filed a Motion to Dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Doc. 45. The Motion has been fully briefed. The issue raised by Hygenic's Rule12(b)(6) Motion is whether the Amended Complaint sufficiently states a claim pursuant to which Hygenic may be held liable under the TCPA as a "sender" of the faxes despite the absence of any factual allegations indicating that it either transmitted the faxes, authorized Vitaminerals to do so, or even knew of the faxes. In other words, the issue is whether the TCPA imposes strict liability on a manufacturer whose product is featured in an unsolicited fax despite the lack of any involvement by the manufacturer in the transmittal of the fax. For the reasons explained below, the Court holds that the TCPA does not impose such liability. The Court DENIES Hygenic's motion under Rule 12(b)(1) but GRANTS Hygenic's motion under Rule 12(b)(6).
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Oct 6, 2017 ... Read Comprehensive Health Care Sys. of the Palm Beaches, Inc. v. M3 USA Corp., Case No. 16-cv-80967-BLOOM/Valle, see flags on bad law ... From Casetext: Smarter Legal Research Comprehensive Health Care Sys. of the Palm Beaches, Inc. v. M3 USA Corp. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 16-cv-80967-BLOOM/Valle (S.D. Fla. Oct. 6, 2017)Copy Citation Case No. 16-cv-80967-BLOOM/Valle COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., and DR. ROBERT W. MAUTHE, M.D., P.C., Plaintiffs, v. M3 USA CORPORATION, and MDLINX, INC., Defendants. BETH BLOOM UNITED STATES DISTRICT JUDGE THIS CAUSE is before the Court upon a Motion to Stay filed by Defendant M3 USA Corporation ("M3," together with MDLinx, Inc., "Defendants"). ECF No.  ("Motion"). The Court has carefully reviewed the Motion, all opposing and supporting materials, the record in this case and the applicable law, and is otherwise fully advised. For the reasons set forth below, the Motion is GRANTED. M3 is a market research company which sends targeted invitations via facsimile to healthcare professionals participate in research surveys. ECF No.  at 2. Plaintiffs Comprehensive Healthcare Systems of the Palm Beaches, Inc. ("Comprehensive") and Dr. Robert W. Mauthe ("Mauthe") (together, "Plaintiffs") each received at least one such facsimile (or "fax") from M3. Id. Plaintiffs assert that these faxes are "advertisements" transmitted in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), because they were sent without Plaintiffs' consent and without the proper opt-out language required by the TCPA. ECF No.  at 2-3, 19-25. While the parties have advanced several arguments about the legal and factual sufficiency of the claims, both note that "the questions of whether the faxes at issue are in fact advertisements is a core issue that is potentially dispositive of this case." ECF No.  at 1; see also ECF Nos.  at 9,  at 1.
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