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CRITCHFIELD PHYSICAL THER. v. TARANTO GROUP

No. 101,949.

263 P.3d 767 (2011)

CRITCHFIELD PHYSICAL THERAPY, Individually and as the Representative of a Class of Similarly Situated Persons, Appellee, v. The TARANTO GROUP, INC., Appellant.

Supreme Court of Kansas.

September 30, 2011.

Attorney(s) appearing for the Case

Leonard R. Frischer , of Frischer & Associates, Chtd., of Overland Park, argued the cause, and Mark B. Schaffer , of the same firm, was with him on the briefs for appellant.

Rex A. Sharp , of Gunderson, Sharp & Walke L.L.P., of Prairie Village, argued the cause, and Barbara C. Frankland , of the same firm, and Max Margulis , of Margulis Law Group, of Chesterfield, Missouri, Brian J. Wanca , and Ryan Kelly , of Anderson & Wanca, of Rolling Meadows, Illinois, and Phillip A. Bock and Tod A. Lewis , of Bock & Hatch, L.L.C., of Chicago, Illinois, were with him on the briefs for appellees.

Todd N. Thompson and Sarah E. Warner , of Thompson Ramsdell & Qualseth, P.A., of Lawrence, were on the brief for amicus curiae Kansas Association of Defense Counsel.

The opinion of the court was delivered by ROSEN, J.:

This is an interlocutory appeal from an order certifying a class of plaintiffs in an action seeking damages under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (2006).

The Taranto Group, Inc., (Taranto) is a small business incorporated in Kansas and located in Leawood. Taranto distributes and resells aesthetic medical devices such as microdermabrasion equipment and medical lasers to...

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