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Tivity’s Proposed TCPA Class Action Settlement Rejected Again

July 8, 2020, 10:28 PM

Lackawanna Chiropractic PC and Tivity Health Support LLC are still unable to secure preliminary approval of a proposed settlement to resolve allegations that Tivity sent unsolicited commercial faxes in violation of the Telephone Consumer Protection Act.

The parties failed to fix the problem of class over-inclusiveness despite a May order advising the parties they would need to do so in order to earn the court’s preliminary approval, according to the report and recommendation issued Tuesday by Magistrate Judge Jeremiah J. McCarthy for the U.S. District Court for the Western District of New York.

“Although Tivity may be willing to accept...

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