Pinchem v. Regal Medical Group, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [25]

OTIS D. WRIGHT, II, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This is an action under the Telephone Consumer Protection Act, 47 U.S.C, § 227 (“TCPA”). Defendant Regal Medical Group, Inc., an organization that receives and responds to medical care requests for participants in HMO insurance plans, inadvertently entered Plaintiff Ashamad Pinchem’s cellphone number as the fax number of Dr. Cindy Huang in its database. Over the next 23 months, Regal attempted to send over 5,800 “faxes” Plaintiffs cellphone…