MIAMI – A Massachusetts company has filed a suit over the receiving of alleged junk faxes.
Transene Co. Inc. filed a complaint individually and as the representative of a class of similarly situated persons on Jan. 4 in the U.S. District Court for the Southern District of Florida against Smartprocure LLC, Smartprocure Inc. and John Does 1-5 citing the Junk Fax Prevention Act.
According to the complaint, the plaintiffs allege that it suffered damages, including waste of valuable time and interruption of its privacy, from receiving unsolicited facsimile advertisements from the defendants in their attempt to solicit business without the recipient’s prior express invitation or permission. The plaintiffs hold Smartprocure LLC, Smartprocure Inc. and John Does 1-5 responsible because the defendants allegedly sent unsolicited advertisements without first obtaining the recipient's prior invitation or permission and did not include opt-out language on the faxes.
The plaintiffs request a trial by jury and seek judgment against defendants, maintain class action, appoint representative and class counsel, interest, costs, and further relief as the court may deem just. It is represented by Ryan M. Kelly and Ross M. Good of Anderson + Wanca in Rolling Meadows, Illinois.
U.S. District Court for the Southern District of Florida Case number 0:17-cv-60012