Avio, Inc. v. Alfoccino, Inc.

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION TO CERTIFY CLASS

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

This is a “junk fax” case arising out of Defendants’ use of a third-party to send *884advertisements via facsimile to numerous businesses in southeast Michigan. Plaintiffs putative class action generally asserts that this third-party, Business-to-Business Solutions (B2B), faxed over ten thousand advertisements on Defendants’ behalf in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA). Presently before the Court are…