CLICK HERE FOR FULL TEXT|
|HEALTH ONE MEDICAL CENTER, EASTPOINTE P.L.L.C.,
a Michigan Professional Limited Liability Company,
individually and as the representative of a class of
BRISTOL-MYERS SQUIBB COMPANY; PFIZER INC.,
| No. 17-1973|
Appeal from the United States District Court
for the Eastern District of Michigan at Ann Arbor.
No. 5:16-cv-13815—Judith E. Levy, District Judge.
Decided and Filed: May 9, 2018
Before: SUHRHEINRICH, GIBBONS, and KETHLEDGE, Circuit Judges.
KETHLEDGE, Circuit Judge. Some questions seem to arise only in class-action
lawsuits. Here, a seller of prescription drugs sent junk faxes to various medical providers,
advertising the seller’s prices on various drugs. The question presented is whether—for purposes
of the Telephone Consumer Protection Act, which makes it unlawful “to send . . . an unsolicited
advertisement” to a fax machine—the manufacturers of those drugs “sent” those faxes even
though they knew nothing about them. The district court answered no, and so do we.