Tag Archives: Consumer Protection Laws

Sixth Circuit Sets Standard for Advertisements Under Consumer Protection Law

Facing an as-yet unaddressed question of statutory interpretation in the Sixth Circuit, last week the court issued an opinion Sandusky Wellness Center v. Medco Health Solutions, which interpreted the Telephone Consumer Protection Act (TCPA) to hold that unsolicited faxes that “lacked the necessary commercial aspects of ads,” were not “advertisements” for purposes of the TCPA … Continue Reading

Sixth Circuit Affirms Decision Striking Class-Action Allegations Where Adjudication Would Require Analyzing Each Class Member’s Claim Under the Law Of Their Home State

The Sixth Circuit closed the class-action doors on classes based on violations of various state consumer protection laws yesterday.  In Pilgrim v. Universal Health Card, LLC, Case No. 10-3211/3475, the Sixth Circuit affirmed the Northern District of Ohio’s decision to strike the class allegations in the plaintiffs’ complaint.  Plaintiffs alleged that Universal Health Card, LLC … Continue Reading