Podiatry in Motion vs. Martin Avenue Pharmacy, Federal Court. Settlement.

Defended a class action brought under the Telephone Consumer Protection Act on behalf of a medical device manufacturer accused of sending unsolicited facsimile solicitations to hundreds of physicians and health care providers.  The action sought statutory treble damages, attorneys’ fees and other associated monetary damages under the TCPA, the Illinois Consumer Fraud and Deceptive Trade Practices Act and also sought damages for common law counts of conversion.  Following written discovery, persuaded plaintiff’s counsel of the fact that they would be unable to mount sufficient evidence to support class certification and negotiated a nominal, nuisance value settlement.