A 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.