Situation
A healthcare provider (and serial plaintiff) brought a Telephone Consumer Protection Act (TCPA) class action against a pharmacy benefit manager for sending drug formulary updates by facsimile.
Result
Our team took an aggressive approach and moved for summary judgment at the outset of the case, with no discovery. The court granted our motion, which was then challenged – and affirmed – on appeal. Our strategy not only established favorable precedent for important healthcare communications but also disposed of potentially costly and invasive litigation before it got off the ground.