January 29, 2018

fax-tcpa
Fax TCPA Case

Last week, a federal district court in Illinois refused to dismiss a putative class action lawsuit filed against Red Parrot Distribution, Inc. (“Red Parrot”) amidst allegations that the pharmacy supplier’s fax advertisements violated the Telephone Consumer Protection Act (“TCPA”).

The subject fax TCPA lawsuit was filed by Camp Drug Store, Inc. (“Camp Drug Store”) – a small-town pharmacy that is making a name for itself throughout the telemarketing industry by virtue of its use of the TCPA to repeatedly bring class action lawsuits.  In recent months, Camp Drug Store has filed no fewer than seven such fax TCPA class action lawsuits in Illinois federal court against a variety of sellers.

What should you do if you have been sued by Camp Drug Store?

Camp Drug Store’s Fax TCPA Lawsuit

According to public court records, mom-and-pop pharmacy Camp Drug Store, located in Wood River, Illinois, received two fax ads in November 2016, which advertised Red Parrot’s pharmaceuticals and cash-and-carry products.  In May 2017, Camp Drug Store filed a putative class action fax TCPA lawsuit against Red Parrot in the U.S. District Court for the Southern District of Illinois (Case No. 17-cv-502), alleging that Red Parrot’s fax ads were delivered to Camp Drug Store “and more than thirty-nine (39) other persons” without securing each recipient’s prior express written consent to be faxed by Red Parrot.

In July 2017, Red Parrot filed a motion to dismiss Camp Drug Store’s complaint claiming, among other things, that Drug Store failed to establish that Red Parrot sent the subject fax ads.

On January 24, 2018, the Court denied Red Parrot’s motion to dismiss.  The Court was unpersuaded by Red Parrot’s arguments, holding that “the pleadings sufficiently support the reasonable inference that Red Parrot did, in fact, send the faxes or cause them to be sent.”

What should you do if Camp Drug Store or any other TCPA plaintiff sues you?

Because the stakes are so high, it is critical to take the right steps when you first learn that you or your business has been named in a fax TCPA lawsuit, both to preserve critical defenses and to avoid prejudice to your case.

Upon learning of the filing, or threat of filing, of a fax TCPA suit by an entity such as Camp Drug Store, it is critical that you do not: (1) speak with your adversary, who may look to extract information harmful to your position; (2) issue press releases; (3) speak with employees, marketing partners, advertisers or others in the industry until after you have had the opportunity to speak with an experienced TCPA attorney; or (4) destroy, tamper with or create documents.  Extensive experience with the aggressive defense of telemarketing lawsuits has allowed us to formulate arguments informed by the most effective legal theories related to TCPA claims, positioning our clients to achieve favorable resolutions.

If you are interested in this topic, have been sued or contacted by Camp Drug Store, or are otherwise the subject of a TCPA lawsuit, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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Related Blog Posts:

Fax Marketing and the TCPA

Faxes May Violate TCPA Even When Requested by Consumers

Fax Advertisements Must Contain TCPA Opt-Out Language

 

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