Case No. 19-cv-1723, Middle District of Florida. Pressman, Inc. and Pill Box Pines West, LLC filed a class action complaint alleging that Smith Medical Partners, LLC and H.D. Smith, LLC sent unsolicited advertisements by facsimile during the time period between September 26, 2013 and January 25, 2019. Plaintiffs allege that the Smith Faxes were sent without prior express invitation or permission or the required opt-out notice, allegedly in violation of the federal Telephone Consumer Protection Act. Smith denies Plaintiffs’ allegations, raised defenses, and argues, among other things, that many of the Smith Faxes were not advertisements, that Smith had prior express invitation or permission from the fax recipients, and that facsimiles received electronically are not actionable. Any person who was sent, by or on behalf of H.D. Smith, LLC or Smith Medical Partners, LLC, one or more advertisement by fax from September 26, 2013, through January 25, 2019. Excluded from the settlement class are defendants, any parent, subsidiary, affiliate, or controlled person of the defendants, as well as the members, managers, officers, directors, agents, servants, or employees of Defendants, the immediate family members of such persons, and this Court.