ORLANDO – A Connecticut corporation has filed a class-action lawsuit alleging it received an unsolicited fax.
Gorss Motels Inc. filed a complaint individually and on behalf of a class of similarly situated persons on Sept. 19 in the U.S. District Court for the Middle District of Florida, Orlando Division against Safemark Systems LP and John Does 1-5 citing the Telephone Consumer Protection Act and the Junk Fax Prevention Act.
According to the complaint, the plaintiff alleges that on Sept. 4, 2013, it received an unsolicited facsimile transmission from defendant advertising its products and services. The plaintiff alleges that the fax did not have the required opt-out language and the defendant sent it without first receiving the recipient’s express invitation or permission.
The plaintiff seeks judgment against the defendant, award actual monetary loss, enjoin the defendants from further violations, interest, costs and such further relief as the court may deem just. It is represented by Ryan M. Kelly of Anderson + Wanca in Rolling Meadows, Illinois.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-01638