Lary v. Flasch Business Consulting

This appeal is the second appeal to have arisen in ongoing litigation between the plaintiff, John Lary, a physician, and three defendants, Flasch Business Consulting, Helmut Flasch, and Doctor Relations, Inc., based upon Lary's claims that the defendants violated the Telephone Consumer Protection Act of 1991 ("the TCPA") by sending him unsolicited facsimile ("fax") transmissions. In the first appeal, this court reversed a judgment, entered pursuant to Rule 12(b)(6), Ala. R. Civ. P., dismissing Lary's claims asserting violations of two subsections of the TCPA: 47 U.S.C. § 227(b)(1)(A)(i),…