A California federal judge has granted preliminary approval to a $25 million settlement between a health care consulting group and a health care provider in a proposed class action lawsuit. It was contended that the consulting group sent unsolicited junk faxes promoting various health services, in violation of the Telephone Consumer Protection Act. California nursing facility Dakota Medical Inc. filed a proposed TCPA class action in 2014 against Cannon & Associates LLC and its former parent company, RehabCare Group Inc., after receiving a number of junk faxes promoting various seminars manuals, DVDs and programs on Medicare and Medicaid billing. Dakota likewise alleged that the two defendants sent a total of 2.4 million junk faxes nationwide between 2010 and 2014. The two sides reached the $25 million agreement late last year.
In giving preliminary appeal, the judge agreed to preliminarily certify a class that includes anyone who received a successful transmission of one or more faxes sent by either Cannon or RehabCare between July 17, 2010, and Feb. 4, 2014. Dakota Medical is represented by Donald R. Fischbach and Mark D. Kruthers of Dowling Aaron Inc., C. Darryl Cordero, Scott O. Luskin, Matthew K. Brown and Leilani E. Livingston of Payne & Fears LLP, and Joel S. Magolnick of Marko & Magolnick PA. The case is Dakota Medical Inc. v. RehabCare Group Inc. et al. (case number 1:14-CV-02081) in the U.S. District Court for the Eastern District of California.
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