Fauley v. Heska Corp.

MEMORANDUM OPINION AND ORDER

HON. JORGE L. ALONSO, United States District Judge

Plaintiff alleges that defendants violated the Telephone Consumer Protection Act (“TCPA”) by sending him a fax advertisement, which did not contain an opt-out notice, without his permission or invitation. The case is before the Court on defendant Heska’s motion to stay. For the reasons set forth below, the Court denies the motion.

Background

“In 2006, Congress enacted the Junk Fax Prevention Act, which amended the fax advertising provisions of the TCPA.” In re Rules & Regulations Implementing the Tel. Consumer Prot.…