Lary v. American Medical Practice Services, Inc.

This appeal,1 like Lary v. Flasch BusinessConsulting, 909 So.2d 194 (Ala.Civ.App. 2005) ("Flasch II"), also decided today, involves whether a judgment in favor of particular defendants (American Medical Practice Services, Inc., and Lowell A. Davis) on claims arising under the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 et seq. ("the TCPA"),2 which was entered in response to a request by the plaintiff, John Lary d/b/a Internal Medicine Clinic ("Lary"), for the entry of a default judgment against the defendants, is correct. As it did in Flasch II,3 the trial court based its…