Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
McKEAGUE, Circuit Judge.
In 2010, Defendant ASD Specialty Healthcare, d/b/a/ Besse Medical Ameri-sourceBergen Specialty Group (“Besse”), a pharmaceutical distributor, sent a one-page fax advertising the drug Prolia to 53,502 physicians. Only 40,343, or 75%, of these faxes were successfully transmitted. Plaintiff Sandusky Wellness Center, a chiropractic clinic that employed one of these physicians, claims to have received this so-called “junk fax,” and—three years later— filed a lawsuit against Besse for the annoyance. Sandusky alleged that Besse violated the Telephone Consumer…
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