March 3, 2017
On Monday, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois, alleging that a Brooklyn-based wholesale medical supply company violated the Telephone Consumer Protection Act (“TCPA”). The complaint, drafted by plaintiff’s TCPA attorneys, alleges that Adelphia Supply USA, Inc. of Brooklyn (“Adelphia”), sent the named plaintiff at least 20 advertisements by facsimile in violation of the TCPA. Additionally, the complaint alleges that Adelphia has been dissolved and, as such, seeks to hold its two principals liable for the claimed TCPA violations.
How did the Adelphia’s Faxes Allegedly Violate the TCPA?
According to the complaint, Adelphia allegedly sent 20 different fax advertisements to the named plaintiff. None of those fax advertisements, according to the complaint, “include the mandatory opt-out notice required” by regulations promulgated under the TCPA. The named plaintiff alleges that more than 39 other individuals received similar advertisements. As is typical in class-action litigation, the named plaintiff has already moved for class certification, despite the fact that none of the defendants has been served with process.
Protect Against a Fax TCPA Lawsuit with a TCPA Attorney
Perhaps the best way to avoid potential liability under the TCPA, both with respect to your company and to you as a principal of the business, is to consult with TCPA attorneys qualified to provide regulatory compliance advice. As the subject TCPA class action lawsuit against Adelphia demonstrates, companies and their principals are at risk in sending fax advertisements that may violate the statute. Accordingly, telemarketers are advised to retain experienced TCPA attorneys prior to embarking in any advertising campaign.
If you are interested in learning more about this topic, please visit the Telemarketing Law practice area of our website. If you have been served with process concerning your telemarketing practices in general, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational 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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