McKesson Class Decertification Win Affirmed in Junk-Fax Suit

Decertifying the class in a long-running junk-fax lawsuit against McKesson Corp. brought under the Telephone Consumer Protection Act by two chiropractic practices was proper, an appellate court ruled.

The lower court correctly found under a binding FCC ruling that the TCPA applied to faxes received through a fax machine only, and not those received through an online fax service, the US Court of Appeals for the Ninth Circuit said Wednesday.

The FCC ruling was fatal to class certification because the plaintiffs proposed no method for limiting the class to those who had viable TCPA claims—those who received faxes on a ...