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SANDUSKY WELLNESS CTR. v. MEDTOX SCIENTIFIC

No. 15-1317.

821 F.3d 992 (2016)

SANDUSKY WELLNESS CENTER, LLC, an Ohio limited liability company, individually and as the representative of a class of similarly situated persons, Plaintiff-Appellant. v. MEDTOX SCIENTIFIC, INC.; Medtox Laboratories, Inc.; John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 3, 2016.

Attorney(s) appearing for the Case

Glenn L. Hara , argued, Rolling Meadows, IL ( Brant D. Penney , Saint Paul, MN, on the brief), for Appellant.

Robert Ira Steiner , argued, New York, N.Y. ( Geoffrey W. Castello , New York, N.Y., Lewis Albert Remele, Jr. , Jeffrey Mulder , Jessica Lee Prom Klander , Minneapolis, MN, on the brief), for Appellee.

Before SMITH, BYE, and BENTON, Circuit Judges.

Sandusky Wellness Center, LLC, received an unsolicited fax from MedTox Laboratories, Inc. Sandusky brought a class action under the Telephone Consumer Protection Act (TCPA). The district court denied class certification, finding the class not ascertainable. Having jurisdiction under 28 U.S.C. § 1291, this court reverses...

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