Jeffrey Katz Chiropratic, Inc. v. Diamond Respiratory Care, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 JEFFREY KATZ CHIROPRATIC, INC.,, Case No. 20-cv-04108-CRB

Plaintiff,

ORDER DENYING MOTION FOR

v. CLASS CERTIFICATION

DIAMOND RESPIRATORY CARE, INC., Defendant.

Defendant Diamond Respiratory Care, Inc. (“Diamond”) is a health care company that sells medical devices to clinics. In April 2020, early in the COVID-19 pandemic, many clinics struggled to procure hand sanitizer. Diamond had some in stock. It collected a list of fax numbers pertaining to clients and potential clients that it believed had, over more than two decades of its business, agreed to receive faxes from Diamond. To about 17,219 fax numbers, Diamond attempted to transmit a fax stating that it had hand sanitizer for sale. As amended by the Junk Tax Prevention Act, the Telephone Consumer Protection Act (“TCPA”) provides statutory damages of $500 (or $1,500) for an “unsolicited advertisement” sent via fax machine. Plaintiff Jeffrey Katz Chiropractic, Inc.…