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Mussat v. IQVIA, Inc.

953 F.3d 441 (2020)

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Mussat v. IQVIA, Inc.

United States Court of Appeals for the Seventh Circuit
953 F.3d 441 (2020)

Facts

Florence Mussat was an Illinois physician who did business through a professional-services corporation (Mussat) (plaintiff). Mussat received two unsolicited faxes from IQVIA, Inc. (defendant), a Delaware corporation headquartered in Pennsylvania. The faxes did not contain the opt-out notice required by the federal Telephone Consumer Protection Act (TCPA). Mussat brought a putative class action against IQVIA under the TCPA in federal court in Illinois on behalf of Mussat and a nationwide class of people who had received junk faxes from IQVIA within the previous four years. IQVIA moved to strike Mussat’s class definition, asserting that the district court did not have personal jurisdiction over non-Illinois class members. The district court granted IQVIA’s motion to strike. According to the district court, the United States Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court meant that if the court did not have general personal jurisdiction over a defendant, the named plaintiff and every unnamed class member had to establish the court’s specific personal jurisdiction over the defendant. Applying rules of specific personal jurisdiction, the district court concluded that it did not have jurisdiction over the claims of class members who were harmed outside of Illinois. Mussat appealed.

Rule of Law

Issue

Holding and Reasoning (Wood, C.J.)

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