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MATTHEW N. FULTON, D.D.S., P.C. v. ENCLARITY, INC.

No. 17-1380.

907 F.3d 948 (2018)

MATTHEW N. FULTON, D.D.S., P.C., Individually and as the Representative of a Class of Similarly Situated Persons, Plaintiff-Appellant, v. ENCLARITY, INC.; LexisNexis Risk Solutions, Inc.; LexisNexis Risk Solutions GA, Inc.; LexisNexis Risk Solutions FL, Inc.; John Does 1-12, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 2018.

Attorney(s) appearing for the Case

ON BRIEF: Phillip A. Bock , David M. Oppenheim , BOCK, HATCH, LEWIS & OPPENHEIM, LLC, Chicago, Illinois, for Appellant. Tiffany Cheung , Benjamin F. Patterson , MORRISON & FOERSTER LLP, San Francisco, California, Joseph R. Palmore , Bryan J. Leitch , MORRISON & FOERSTER LLP, Washington, D.C., for Appellees.

STRANCH, J., delivered the opinion of the court in which WHITE, J., joined. GIBBONS, J. (pp. 955-56), delivered a separate dissenting opinion.

OPINION

Plaintiff Matthew N. Fulton, DDS, P.C., a dental practice in Linden, Michigan, brings this suit on behalf of itself and others similarly situated. Fulton alleges that it received a fax from Defendants in September 2016 that was an unsolicited advertisement under the Telephone Consumer Protection...

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