May 16, 2019
A class action lawsuit has been filed against a fireproofing company and its owner in the federal district court for the Northern District of Illinois alleging violations of the Telephone Consumer Protection Act (“TCPA”). The plaintiff in this fax TCPA lawsuit seeks to represent a nationwide class of recipients of one or more faxes alleged to have been sent in violation of the Junk Fax provisions of the TCPA.
What are the alleged violations asserted in the fax TCPA lawsuit?
The plaintiff, a contractor, alleges that it was the recipient of at least fifteen (15) unsolicited facsimile transmissions. Typically, in fax TCPA class action lawsuits, additional violations pled involve the opt-out notification contained on the face of the subject fax advertisements. Here, however, the plaintiff limited its claims simply to the receipt of unsolicited facsimile advertisements, which, it argues, damaged it by tying up its fax machines, preventing the receipt of authorized faxes, and wasting its time and labor used to identify the source of the unsolicited faxes. Further, plaintiff sued the fireproofing company’s owner individually, claiming that, as president, he personally authorized the transmission of the allegedly violative faxes. Given the potential certification of a nationwide class in this action, the company and its owner may be exposed to millions of dollars in liability.
Protect Your Business from a Fax TCPA Lawsuit
We have previously blogged about TCPA-related liability resulting from fax marketing practices and procedures that fail to comply with the mandates of the TCPA and the Federal Communications Commission’s (“FCC”) implementing regulations. The particulars and procedural requirements mandated by these rules and regulations, and the potential liability associated with non-compliance, reinforce the necessity that businesses work closely with knowledgeable counsel prior to engaging in any fax marketing campaign.
If you 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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