Pennsylvania Record

Wednesday, December 11, 2019

Kingston physician alleges data mining company violated TCPA with unsolicited faxes

Federal Court

By Marian Johns | Dec 2, 2019

Tcpa

PHILADELPHIA – A Kingston physician alleges a health care data mining company faxed him and others unsolicited advertisements without permission in violation of the Telephone Consumer Protection Act (TCPA). 

Richard Fischbein, MD filed a complaint Nov. 14 in the U.S. District Court for the Eastern District of Pennsylvania against IQVIA Inc. alleging violation of the TCPA.

Fischbein alleges in his class action that he received at least two advertisements from the defendants by fax on Nov. 29, 2017, seeking his participation in the National Disease and Therapeutic Index (NDTI) used by pharmaceutical manufacturers. He alleges he never gave permission to be sent the advertisements via fax machine. 

Fischbein seeks monetary relief of $500 in statutory damages for each TCPA violation, injunctive and other just relief. He is represented by Richard Shenkan of Shenkan Injury Lawyers LLC in New Castle and Phillip Bock, David Oppenheim, Tod Lewis and Molly Stemper of Bock, Hatch, Lewis & Oppenheim LLC in Chicago.

U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-05365-NIQA

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