ETS defends putative class action alleging transmission of facsimile advertisements lacking adequate "opt out" language

Client(s) Educational Testing Service

Jones Day is representing Educational Testing Service (“ETS”) in a putative class action alleging the transmission of facsimile advertisements allegedly lacking adequate "opt out" language required under the Telephone Consumer Protection Act (“TCPA”). Jones Day defeated two class certification motions, the first attempting to certify a class of solicited and non-solicited recipients, and the second seeking to certify all intended or actual recipients of the facsimile. ETS recently tendered complete monetary relief to the putative class representative on its individual claim, and has filed a motion for entry of judgment and to dismiss the case for lack of subject matter jurisdiction. That motion is pending.

Bais Yaakov of Spring Valley v. Houghton Mifflin Harcourt Publishers, Inc., No. 7:13-cv-4577 (S.D.N.Y.)