In The News Today – June 9, 2015

The Sixth Circuit issued an opinion in Sandusky Wellness Center v. Medco Health Solutions that interpreted the Telephone Consumer Protection Act (TCPA) to hold that unsolicited faxes that “lacked the necessary commercial aspects of ads,” were not “advertisements” for purposes of the TCPA and thus not actionable under the Act. (Lexology)

The U.S. Supreme Court has agreed to take up an appeal by Tyson Foods that could “give the justices another chance to limit class-action lawsuits, this time over the use of statistical methods to determine liability and damages.” Tyson is challenging a lower court decision that allowed the plaintiffs (employees suing over pay) to use “statistical evidence to determine legal liability and monetary damages, based on the average experience of a plant worker.” (Wall Street Journal)