MIAMI – An Arkansas drug store has filed a class-action lawsuit against a Sunrise medical supplier over allegations it sent junk faxes.
ARcare, doing business as Parkin Drug Store, filed a complaint on behalf of all others similarly situated on April 14 in the U.S. District Court for the Southern District of Florida against Medical Discount Services Inc., alleging that the medical supplier violated the Telephone Consumer Protection Act and the Florida Deceptive and Unfair Trade Practices Act.
According to the complaint, the plaintiff alleges that it has received multiple fax advertisements without its prior express invitation or permission from the defendant, causing it to suffer substantial injury and actual damages due to loss of materials consumed in the printing. The suit states the one fax was sent on Aug. 18, 2015. The plaintiff holds Medical Discount Services Inc. responsible because the defendant allegedly faxed unsolicited advertisements without providing an opt-out notice.
The plaintiff requests a trial by jury and seeks declaration that defendant’s conduct is unlawful, compensation for actual damages, attorneys' fees and costs and such other legal and equitable relief as the court may deem appropriate. It is represented by Brian T. Ku of Ku & Mussman PA in Miami Lakes and Randall K. Pulliam of Carney, Bates & Pulliam PLLC in Little Rock, Arkansas.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60823