April 21, 2017

fax-lawusitA class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois.  The plaintiff seeks to represent a nationwide class of persons and entities who received one or more faxes alleged to have been sent in violation of the Telephone Consumer Protection Act (“TCPA”).

What are the alleged violations asserted in the fax lawsuit?

The plaintiff, a drug store, alleges that the subject facsimiles contain TCPA violations including: (1) non-compliant or missing opt-out notices required by the TCPA; and (2) unsolicited transmission of the advertisements to recipients with whom it did not have an established business relationship.   The complaint also attempts to circumvent any procedural standing concerns raised by the recent Supreme Court decision in Spokeo by claiming that the alleged recipients of these unsolicited fax advertisements suffered injury through fax machine wear and tear, lost paper and toner, invasion of recipient privacy, tied-up and occupied telephone lines, and prevention of recipient fax machines from receiving authorized faxes.  Given the potential certification of a nationwide class, the medical supply company could be exposed to millions of dollars in liability.

Protect Your Business from a Fax Lawsuit

We have previously blogged about TCPA-related liability resulting from fax marketing practices and procedures that failed to comply with the mandates of the TCPA and the FCC’s implementing regulations.  The nuanced intricacies and technical requirements mandated by these rules and regulations, and the potential liability associated with noncompliance, emphasize the need for businesses operating in this space to work closely with knowledgeable counsel prior to engaging in any fax marketing campaign.

If you are interested in learning more about this topic, need to review your facsimile marketing practices and procedures or if you are facing an investigation from the FCC or other regulatory agency, 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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