NeilMed Pharmaceuticals Defeats Class Certification and Beats Individual Claim in TCPA Case

NeilMed Pharmaceuticals, the world’s largest manufacturer and supplier of low volume, low pressure saline nasal irrigation systems, defeated class certification in a Telephone Consumer Protection Act (TCPA) fax case. Faegre Drinker demonstrated that NeilMed regularly obtained prior consent to send promotional faxes, making the plaintiff’s allegation of non-consent too individualized for class treatment. When the plaintiff insisted on pursuing her individual claim after denial of class certification, Faegre Drinker convinced the court to rule in NeilMed’s favor without a full trial, showing through the discovery record that the plaintiff lacked evidence to support her claim that the fax was sent to her office without prior consent.

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