| A Single Spam Fax To Skin
and Laser Center Gives Rises To TCPA Mediation
In SDNY
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 10 – A medical
staffing company cold-sent a
promotional fax to Juva Skin
and Laser Center and the
latter sued them for spam,
under the 1991 Telephone
Consumer Protection
Act.
On October 27 U.S. District
Court for the Southern
District of New York Judge
John G. Koeltl held a
proceeding. Inner City Press
covered it.
The faxer,
a man named Fred, was told
that a corporation like
Locums, Inc. cannot go pro se.
Fred explained
that he had immediately
assured the skin care business
that they would not fax again.
But now they want to know of
Locums' financial condition
and any insurance.
On December 10,
Judge Koeltl held another
proceeding. This time, he
referred the case to the
Court's Alternative Dispute
Resolution program of
mediation, under SDNY Local
Rule 83.9. He told the
parties to send him a letter
seven days after the
mediation, to see how to
proceed in the case of the
single spam fax.
The case is Bruce
E. Katz, MD PC v. Locums,
Inc., 20-cv-2899 (Koeltl)
***
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