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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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