Mehdi Medical, Two Others Hit with Class Action Over Faxed Medical Implant Device Advertisements

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Mehdi Medical LLC, LDR Holding Corporation, and Zimmer Biomet Holdings, Inc. are the defendants in a proposed class action filed by a physician who claims the companies faxed him an unlawful advertisement that didn’t contain a required opt-out notice and that was sent without his consent. The fax, according to the complaint, advertised the defendants’ “Mobi-C” cervical disc prosthesis medical implant device and extended an invitation to a dinner during which the companies would promote their products to health professionals. The plaintiff, who allegedly had no established business relationship with the defendants and never provided them his permission to send the message, claims the fax advertisement was missing required information that would allow him to opt out of receiving future faxes, effectively giving the man no choice but to be subjected to the unwanted messages.

“Plaintiff and the other [proposed class members] owe no obligation to protect their fax machines from Defendants,” the complaint reads. “Their fax machines are ready to send and receive their urgent communications, or private communications about patients’ medical needs, not to receive Defendants’ unlawful advertisements.”