Junk Fax Suit Disconnected by Appeals Court

A suit on behalf of 53,000 fax recipients where the fax number can’t be matched with a name won’t proceed as a class action (Sandusky Wellness Ctr. LLC v. ASD Specialty Healthcare, Inc., 2017 BL 237856, 6th Cir., No. 16-3741, 7/11/17).

The difficulty of identifying class members in the absence of fax logs is a valid concern that precludes class certification, Judge David William McKeague wrote July 11 for the U.S. Court of Appeals for the Sixth Circuit.

Sandusky Wellness Center received one fax advertisement from ASD Specialty Healthcare, a pharmaceutical distributor. Three years later, it filed a ...