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ZocDoc Junk Fax Class Action Revived, Again

Nov. 27, 2018, 6:25 PM

ZocDoc Inc. failed a second time to convince the Second Circuit that its offer to settle with the named plaintiff in a junk fax class action should moot the whole case.

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.

Radha Geismann M.D. P.C. sued ZocDoc for sending unsolicited fax advertisements in violation of the Telephone Consumer Protection Act. ZocDoc offered the company $6,100 to settle its...

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