Pinchem
Pinchem v. Regal Medical Group, Inc.
Opinion
Lead Opinion
Wright, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [25]
I. INTRODUCTION
This is an action under the Telephone Consumer Protection Act, 47 U.S.C, § 227 (“TCPA”). Defendant Regal Medical Group, Inc., an organization that receives and responds to medical care requests for participants in HMO insurance plans, inadvertently entered Plaintiff Ashamad Pinchem’s cellphone number as the fax number of Dr. Cindy Huang in its database. Over the next 23 months, Regal attempted to send over 5,800 “faxes” Plaintiffs cellphone number, most of which were responses to medical care requests submitted by Dr. Huang. Unsurprisingly, Plaintiff sued. Regal now moves for summary judgment, arguing that fax transmissions are not “calls” under the TCPA, and that in any event its calling system is not an “automatic telephone dialing system” (“ATDS”) under the TCPA. For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Regal’s Motion for Summary Judgment. (ECF No. 25.)
II. BACKGROUND
Regal is an independent practice association which arranges and pays for medical care to members of HMO insurance plans. (Statement of Undisputed Facts (“SUF”) 1, ECF…