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CARLTON & HARRIS CHIROPRACTIC, INC. v. PDR NETWORK

No. 22-1279.

80 F.4th 466 (2023)

CARLTON & HARRIS CHIROPRACTIC, INC., a West Virginia Corporation, individually and as the representative of a class of similarly situated persons, Plaintiff-Appellant, v. PDR NETWORK, LLC; PDR Distribution, LLC; PDR Equity, LLC; John Does, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 6, 2023.

Attorney(s) appearing for the Case

ARGUED: Glenn Lorne Hara , ANDERSON & WANCA, Rolling Meadows, Illinois, for Appellant. Kwaku A. Akowuah , SIDLEY AUSTIN LLP, Washington, D.C., for Appellee. ON BRIEF: D. Christopher Hedges , CALDWELL LUCE DITRAPANO, Charleston, West Virginia, for Appellant. Jeffrey N. Rosenthal , Philadelphia, Pennsylvania, Ana Tagvoryan , BLANK ROME LLP, Los Angeles, California; Carter G. Phillips , Alice A. Wang , SIDLEY AUSTIN LLP, Washington, D.C., for Appellees.

Vacated and remanded by published opinion. Judge Harris wrote the majority opinion, in which Chief Judge Diaz and Judge Thacker joined. Judge Thacker wrote a concurring opinion.

The plaintiff in this case, a chiropractic office, filed suit under the Telephone Consumer Protection Act after it received an unsolicited fax offering a free eBook with information about prescription drugs. The district court dismissed its complaint, holding that the plaintiff had not alleged that the fax, which tendered...

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