MIAMI – An Arkansas drug store and clinic alleges a Coral Springs business sent it junk faxes advertising medical supplies.
Arcare, doing business as Parkin Drug Store, and The Bald Knob Medical Clinic filed a complaint on April 18 in the U.S. District Court for the Southern District of Florida against Howe Global LLC, doing business as Sterling Distributors, alleging that the medical supply company violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that between May 11, 2015, and Feb. 22, they received at least 97 unsolicited advertisements to its ink-and-paper facsimile machine from the defendant advertising various medical supplies. They allege that the defendant's action caused actual damages for loss of paper, toner, ink and time that otherwise would have been spent for other business activities. The plaintiffs hold Sterling Distributors responsible because the defendant allegedly faxed unsolicited advertisements without prior invitation and failed to provide an opt-out notice as required by the TCPA.
The plaintiffs request a trial by jury and seek declaration that defendant's actions were unlawful, compensation for all damages, attorney's fees and costs and for such other legal and equitable relief as the court may deem appropriate. They are represented by Louis Mussman and 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-60850