February 2022

Pharmacy Chain Defeats Putative TCPA Class Action

United States - Illinois

One of the nation’s largest pharmacy chains was facing a putative class action related to the Telephone Consumer Protection Act of 1991 (TCPA). A serial TCPA plaintiff filed the claims due to a fax the plaintiff had mistakenly received that was meant to inform medical personnel of the availability of two COVID-19 antiviral drugs that had recently received Emergency Use Authorization from the Food and Drug Administration. Faegre Drinker represented the pharmacy chain in the class action, presenting a strong defense based partially on the Public Readiness and Emergency Preparedness Act (PREP Act). Our firm’s response convinced the plaintiff to dismiss the class action against our client with no settlement payment.

The Faegre Baker Daniels website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Baker Daniels' cookies information for more details.