True Health Chiropractic Inc v. McKesson Corporation

I. BACKGROUND

25 Plaintiff True Health Chiropractic, Inc. filed this putative class action on May 15, 2013, 26 alleging that Defendant McKesson Corporation sent “unsolicited advertisements” by facsimile 27 (“fax”) in violation of the Telephone Consumer Protection Act (“TCPA”). See Dkt. No. 1. Plaintiff filed a First Amended Complaint on June 20, 2013, Dkt. No. 7, and a Second Amended Complaint (“SAC”) on July 18, 2014, Dkt. No. 90, which added McLaughlin Chiropractic Associates, Inc. as a Plaintiff and McKesson Technologies, Inc. as a Defendant. The operative complaint similarly alleges that Defendants violated the TCPA by sending “unsolicited advertisements” by fax. SAC ¶¶ 1-2. Plaintiffs contend that they neither invited nor gave permission to Defendants to send the faxes, SAC ¶¶ 14-18, but that even assuming the faxes were sent with a recipient’s express permission or based on an “established business relationship, the required “opt-out notice” was absent, id. ¶¶ 33-34. Plaintiffs moved to certify a single class of all putative class members. Dkt. No. 209. After the Court denied certification on the basis that Plaintiffs…