TAMPA — A Florida physician has filed a class-action suit against a specialty pharmaceutical dermatology company and a company it owns, alleging violations of a law against sending unsolicited faxes.

Dr. Steven Arkin sued Innocutis Holdings LLC, parent company Cipher Pharmaceuticals US LLC and John Does 1-10, dermatology companies, citing alleged violation of federal law and violation of telephone harassment statutes.

Arkin sued on Feb. 10 in U.S. District Court for the Middle District of Florida Tampa Division, alleging the defendants violated the Junk Fax Prevention Act by sending fax advertisements without the recipient’s prior permission.

According to the complaint, the plaintiff alleges that on Sept. 16, Arkin received a facsimile transmissions of an unsolicited advertisement. The plaintiff holds Innocutis Holdings LLC and Cipher Pharmaceuticals US LLC and John Does 1-10 responsible because the defendants allegedly failed to comply with the Opt-Out Notice Requirements.

The plaintiff seeks the following: compensation for actual monetary loss or the sum of $500 for each violation, pre-judgment interest, attorneys' fees and costs, and any further relief that the court may deem just and proper. He is represented by Ryan M. Kelly of Anderson & Wanca in Rolling Meadows in Illinois.

U.S. District Court for the Middle District of Florida, Tampa Division Case Number 8:16-cv-00321

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U.S. District Court for the Middle District of Florida
401 West Central Boulevard
Orlando, FL - 32801

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