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Florence Mussat, M.D, S.C. v. Power Liens, LLC

United States District Court, N.D. Illinois, Eastern Division

July 21, 2014

FLORENCE MUSSAT, M.D., S.C., an Illinois corporation, individually and on behalf of a class, Plaintiffs,
v.
POWER LIENS, LLC, Defendant.

MEMORANDUM OPINION AND ORDER

SHARON JOHNSON COLEMAN, District Judge.

Plaintiff, Florence Mussat, M.D., S.C. ("Mussat"), filed a two-count Amended Complaint against Defendant, Power Liens LLC ("Power Liens"), seeking class action status and alleging violations of the Telephone Consumer Protection Act ("TCPA"), 42 U.S.C. § 227 et seq. (Count I) and the Illinois Consumer Fraud Act ("ICFA"), 815 ILCS § 505/2 et seq. (Count II). Power Liens moves to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim [21]. For the reasons stated herein, the Court grants in part and denies in part Power Liens' motion.

Background

On October 18, 2012, Mussat received a one-page unsolicited fax advertisement sent from Power Liens to promote Power Liens' goods and services. The fax, written on Power Liens' stationary and marked "TIME SENSITIVE, " states:

Dear Doctor or Office Manager,
Per a number of requests, we've added a new feature to our website, www.PowerLiens.com, allowing attorneys to narrow their doctor searches by "Transportation Provided." If your office offers transportation services to your clients, please let us know so that we can make sure it is properly reflected on our website. Our results show that the more specific you are about the services you offer, the more attorneys will call your office. You can update your listing information by either:
• Filling out the form below and faxing it back to 310-882-5512
• Emailing your information to info@powerliens.com
• Calling us at 800-680-5526
Office/Doctor Name: ____________________________
Phone number: __________________________________
Does your office provide transportation to patients?
[] YES, we provide ...

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