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LYNGAAS v. AG

Nos. 20-1199/1200/1243.

992 F.3d 412 (2021)

Brian LYNGAAS, D.D.S., individually and as the representative of a class of similarly situated persons, Plaintiff-Appellee/Cross-Appellant (20-1199/20-1200), Plaintiff-Appellant/Cross-Appellee (20-1200/20-1243), v. Curaden AG, Defendant-Appellee/Cross-Appellant (20-1200/20-1243), Curaden USA, Inc., Defendant-Appellant/Cross-Appellee (20-1199/20-1200).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2021.

Attorney(s) appearing for the Case

ARGUED: Brian S. Sullivan , DINSMORE & SHOHL LLP, Cincinnati, Ohio, for Curaden AG and Curaden USA, Incorporated. David M. Oppenheim , BOCK, HATCH, LEWIS & OPPENHEIM, LLC, Chicago, Illinois, for Brian Lyngaas, D.D.S. ON BRIEF: Brian S. Sullivan , DINSMORE & SHOHL LLP, Cincinnati, Ohio, for Curaden AG and Curaden USA, Incorporated. David M. Oppenheim , Phillip A. Bock , BOCK, HATCH, LEWIS & OPPENHEIM, LLC, Chicago, Illinois, for Brian Lyngaas, D.D.S.

Before: CLAY, GILMAN, and THAPAR, Circuit Judges.

OPINION

This case involves two unsolicited fax advertisements received by Brian Lyngaas, D.D.S., in March 2016. Lyngaas asserts, on behalf of himself and all similarly situated class members, that Curaden AG and its U.S. subsidiary, Curaden USA, violated the Telephone Consumer Protection Act (TCPA), 47...

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