PENSACOLA – A Pennsylvania company alleges a Pensacola business sent unsolicited faxes and has filed a class-action suit.
Wendell H. Stone Co. Inc., doing business as Stone & Co., filed a complaint individually and on behalf of all others similarly situated on Oct. 6 in the U.S. District Court for the Northern District of Florida, Pensacola Division against US Block Windows Inc. alleging violation of the Telephone Consumer Protection Act and the Junk Fax Prevention Act.
According to the complaint, the plaintiffs allege that it received faxes of unsolicited advertisements in July from the defendant in its attempt to market its goods and services. The suit states the defendant was never invited or given permission to send fax messages and had no prior relationship with the plaintiff, thereby causing harm to plaintiff, including wastes of time and resources, intrusion upon the recipient’s privacy and undue wear and tear on the fax machines.
The plaintiffs hold US Block Windows Inc. responsible because the defendant allegedly failed to acquire permission from recipients before sending facsimile messages and failed to include a proper opt-out notice as required by law.
The plaintiffs request a trial by jury and seek judgment against defendant, certify case as a class action, damages, interest, attorneys' fees, expenses, costs and other relief that the court deems just. It is represented by Stefan Coleman of Law Offices of Stefan Coleman in Miami and Steven L. Woodrow and Patrick H. Peluso of Woodrow & Peluso LLC in Denver.
U.S. District Court for the Northern District of Florida Case number 3:16-cv-00533