ORLANDO – A Volusia County business alleges that a Fort Myers company faxed advertisements to it that did not include an opt-out notice.
Lehigh Acres Lot Owners Association Inc. filed a complaint on behalf of all others similarly situated on May 27 in the U.S. District Court for the Middle District of Florida, Orlando Division against Think Simplicity Inc. and Alexander Perovich alleging violation of the Telephone Consumers Protection Act.
According to the complaint, the plaintiff alleges that on May 9 it received a facsimile advertisement regarding internet services from the defendants. The plaintiff holds Think Simplicity Inc. and Perovich responsible because the defendants allegedly sent a facsimile advertisement to plaintiff to advertise their products and services without providing an opt-out notice on the fax.
The plaintiff requests a trial by jury and seeks $1,500 as statutory damages for each violation, $500 as statutory damages for each violation, interest, all legal fees and any other relief as the court deems just. It is represented by Shawn A. Heller, Joshua A. Glickman of Social Justice Law Collective PL in Washington, D.C. and by Peter Bennett and Richard Bennett in Coral Gables.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-00933-RBD-GJK