Junk Fax Class Action
On Friday, March 1, 2013 Jay Clogg Realty Group, Inc. sued Burger King in a putative national class action alleging violations of the Telephone Consumer Protection Act. See the Complaint (here). The plaintiff’s motion for certification, filed the same day, asked the Maryland Federal court to certify this case as a class action for “All persons or entities within the United States to whom Burger King sent, or caused to be sent, facsimile advertisements promoting Burger King and its services, at any time within four years prior to the filing of the instant Complaint.”
There have been many Junk Fax Class Actions, some with judgments running in the hundreds of millions of dollars. Congress enacted consumer protection legislation and the FCC has promulgate rules specifically intended to eliminate this form of annoying, wasteful advertising.
Marketing by fax is usually illegal
It is surprising whenever an established, legitimate business engages in facsimile-based marketing. With potential for damages of $500 – $1,500 per violation plus attorneys fees, the consequences to a business can be severe. The TCPA forbids communicating messages to any fax machine unless the sender has the recipient’s consent or there is an existing business relationship between them. It is essentially a strict liability statute, so defendants can’t do much to escape liability.
What you can do
If you have received a junk fax from a real business (i.e. McDonalds, not a fly-by-night company selling travel deals) you are encouraged to contact the following lawyer: Preston W. Leonard, Esq. at (617) 329-1295. If you’re fed up with all the paper, toner, and time you’ve wasted over the years as a result of junk faxes, you’re not the only one. You may be entitled to financial compensation for each and every junk fax you’ve received, going back four years.