OCALA – A Marion County chiropractor alleges several businesses based in California and Georgia sent unsolicited faxes.
Lawrence E. Schwanke DC, doing business as Back To Basics Family Chiropractic, filed a complaint individually and on behalf of a class of similarly situated individuals on Sept. 30 in the U.S. District Court for the Middle District of Florida against JB Medical Management Solutions Inc., McKesson Corp., McKesson Business Performance Services, McKesson Technology Solutions, McKesson Provider Technologies, McKesson Technologies Inc. and Does 1-12 citing violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that he received unsolicited advertisements by facsimile from the defendants advertising their software and services, however, he alleges they were sent without express consent. The plaintiff alleges he suffered from losses of fax paper and toner, prevented legitimate calls, undue wear and tear on fax machines, wasted time and labor.
The plaintiff holds the defendants responsible because they allegedly misappropriated class members' time and resources, failed to include a compliant opt-out notice on their fax advertisements and failed to acquire express consent from recipient before sending out fax advertisements.
The plaintiff seeks judgment in his favor, appropriate damages, punitive damages, statutory damages, attorney's fees, costs and further relief as the court may deem just. He is represented by Philip A. Bock of Bock, Hatch, Lewis & Oppenheim LLC in Chicago.
U.S. District Court for the Middle District of Florida Case number 5:16-cv-00597