FORT LAUDERDALE – A Broward County jewelry store has filed a class-action suit against a Virginia corporation over claims it sent junk faxes.
Payless Jewelry #3 filed a complaint on behalf of itself and of a similarly situated class on Sept. 13 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division against National Bridal Service Inc. citing the Telephone Consumer Protection Act and the Junk Fax Prevention Act.
According to the complaint, the plaintiff alleges that around February, it was harmed as a direct result of defendant’s transmission of unsolicited fax advertisements, an injury that interfered with it legitimate business. The plaintiff also alleges that the faxed advertisements did not include a proper opt-out notice as required by the TCPA and its regulations.
The plaintiff holds National Bridal Service Inc. responsible because the defendant allegedly caused to disseminate unsolicited advertisement to a telephone facsimile machine and failed to include an opt-out notice.
The plaintiffs request a trial by jury and seek judgment in its favor, certify as class-action suit, appoint plaintiff as class representative, damages, injunction prohibiting further violations of the TCPA, attorneys' fees, costs and further relief as the court may deem just. It is represented by Seth M. Lehrman of Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman PL in Fort Lauderdale and Joshua H. Eggnatz and Michael J. Pascucci of Eggnatz, Lopatin & Pascucci in Davie.
U.S. District Court for the Southern District of Florida Fort Lauderdale Division Case number 0:16-cv-62183