ORLANDO – A Florida business alleges it was sent unsolicited junk faxes and has filed a class-action suit.
Daisy Inc. filed a complaint individually and on behalf of a class of similarly situated persons on Sept. 29 in the U.S. District Court for the Middle District of Florida against National Auto Protection Corp. and John Does 1-5 alleging that they violated the Junk Fax Prevention Act (JFPA).
According to the complaint, the plaintiff alleges that on July 11 it received unsolicited advertisements by fax without the required opt-out language from the defendant without first receiving the plaintiff's express consent. As a result of defendant's actions, the plaintiff alleges it suffered damages from loss of paper and toner, wasted time and interruption of its privacy.
The plaintiff hold National Auto Protection Corp. and John Does 1-5 responsible because the defendants allegedly failed to comply with requirement of JFPA to include an opt-out notice and failed to obtain recipient's prior invitation or permission before sending advertisements.
The plaintiff seeks judgment in its favor, award $500 for each violation, interest, costs and 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 Case number 2:16-cv-00739