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Dentist’s Junk Fax Suit Unaffected by Court Deposit

June 20, 2017, 9:18 PM

A class action over junk faxes will proceed after the Seventh Circuit June 20 rejected the sender’s attempt to kill the suit by depositing money for the lead plaintiff with the court (Fulton Dental LLC v. Bisco Inc., 2017 BL 210224, 7th Cir., No. 16-3574, 6/20/17).

The ruling cuts off yet another defense attempt to exploit perceived loopholes in the U.S. Supreme Court’s Campbell-Ewald Co. v. Gomez ruling. There the court held that rejecting a defendant’s offer of full relief doesn’t moot a plaintiff’s individual or class claims.

Fulton Dental LLC filed a class action alleging Bisco Inc....

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