7th Circuit Orders Reconsideration Of Remedy In Faxed Ads Class Suit

7th Circuit Orders Reconsideration Of Remedy In Faxed Ads Class Suit

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 26 upheld a Telephone Consumer Protection Act (TCPA) ruling in favor of a class of faxed ad recipients but vacated the District Court's remedial order finding that a cy pres decision was premature where the case did not end in settlement, is not a common-fund situation and where there is "considerable doubt" that the defendant will be able to pay enough to allow full payment to class members who submit claims (Ira Holtzman, C.P.A. & Associates Limited, et al. v. Gregory P. Turza, Nos. 11-3188 & 11-3746, 7th Cir.; 2013 U.S. App. LEXIS 17811).

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