ZocDoc Inc. can’t avoid a junk fax class action by paying off the lead plaintiff, the Second Circuit held March 9 (Geismann v. ZocDoc Inc., 2017 BL 73812, 2d Cir., No. 14-3708, 3/9/17).
The conclusion is required by a recent U.S. Supreme Court ruling, Judge Robert D. Sack wrote for the U.S. Court of Appeals for the Second Circuit.
Radha Geismann M.D. P.C. alleged ZocDoc sent unsolicited fax ads for a patient matching service for doctors. Geismann filed a class action under the Telephone Consumer Protection Act and moved for class certification.
Supreme Court Precedent.