True Health Chiropractic Inc v. McKesson Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRUE HEALTH CHIROPRACTIC INC, et Case No. 13-cv-02219-HSG al., ORDER ENTERING SUMMARY Plaintiffs, JUDGMENT AGAINST THE ONLINE FAX SERVICES CLASS v. 10 MCKESSON CORPORATION, et al., 11 Defendants. 12 On March 5, 2020, Defendants moved to decertify in light of a ruling by the Consumer and Government Affairs Bureau of the FCC stating that an “online fax service” is not a “telephone facsimile machine” under the Telephone Consumer Protection Act. See In the Matter of Amerifactors Fin. Grp., LLC Petition for Expedited Declaratory Ruling Rules & Regulations Implementing the Tel. Consumer Prot. Act of 1991 Junk Fax Prot. Act of 2005, CG Dkt. Nos. 02-278, 05-338, 2019 WL 6712128, ¶ 3 (Dec. 9, 2019) (“Amerifactors”). The Court denied Defendants’ motion to decertify, but modified the class definition to include a Stand-Alone Fax Machine Class and an Online Fax Services Class. Dkt. No. 393 (“Order”). The Court later indicated its view that…