Pharmacy Chain Defeats Putative TCPA Class Action

One of the nation’s largest pharmacy chains was facing a putative class action related to the Telephone Consumer Protection Act of 1991 (TCPA). A serial TCPA plaintiff filed the claims due to a fax the plaintiff had mistakenly received that was meant to inform medical personnel of the availability of two COVID-19 antiviral drugs that had recently received Emergency Use Authorization from the Food and Drug Administration. Faegre Drinker represented the pharmacy chain in the class action, presenting a strong defense based partially on the Public Readiness and Emergency Preparedness Act (PREP Act). Our firm’s response convinced the plaintiff to dismiss the class action against our client with no settlement payment.