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., FINDINGS OF FACT AND Plaintiffs, CONCLUSIONS OF LAW 9 v. 10 MCKESSON CORPORATION, et al., 11 Defendants. 12 True Health Chiropractic, Inc. and McLaughlin Chiropractic Associates, Inc. (“Plaintiffs”) brought a putative class action against McKesson Corporation and McKesson Technologies, Inc. (“Defendants”), alleging that Defendants sent unsolicited faxes in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. See Dkt. No. 90. While the Court initially granted Plaintiffs’ motion for class certification, see Dkt. No. 331, an intervening FCC decision changed the requirements for TCPA liability, see Dkt. No. 487 at 1-2. As a result, the Court entered summary judgment against those who had received the faxes via an online fax service, see Dkt. No. 418, and the stand-alone fax machine class was ultimately decertified, see Dkt. No. 487. This left only Plaintiffs’ individual claims…