In a righteous victory for SLG client, AutoRemind, Inc., a New York City-based pioneer in patient messaging and reminder software, the U.S. District Court for the Northern District of Georgia dismissed all claims and rejected the Plaintiff’s plea for early discovery in a potentially devastating Class Action brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
The lawsuit was triggered by a rogue Florida reseller’s unauthorized transmission of an unsolicited fax mentioning AutoRemind’s name and product offering. The TCPA prohibits transmission of unsolicited faxes and phone calls. The Plaintiff alleged: (i) that the rogue reseller was AutoRemind’s agent; (ii) that AutoRemind violated the TCPA because AutoRemind’s name and product appeared on the rogue reseller’s unauthorized fax; and (iii) that the rogue reseller’s unauthorized fax transmission created jurisdiction over AutoRemind in Georgia – where AutoRemind otherwise lacked any significant business contacts.