ORLANDO – A Florida corporation alleges it received unsolicited faxes from another corporation in the state.
Scoma Chiropractic PA filed a complaint on behalf of individually and as the representative of a class of similarly situated persons on March 31 in the U.S. District Court for the Middle District of Florida against All Care Consultants Inc. and John Does 1-5 citing the Junk Fax Prevention Act.
According to the complaint, the plaintiff alleges that in Nov. 21, 2016, the defendants sent it an unsolicited fax. The plaintiffs hold All Care Consultants Inc. and John Does 1-5 responsible because the defendants allegedly failed have the recipient's prior express invitation or permission to send the fax, did not include the required opt-out language, and did not have an established business relationship with the recipients.
The plaintiff seeks judgment against defendants, maintain class action, appoint plaintiff as representative and counsel as class counsel, award actual monetary loss of $500 per violation, treble damages of $1,500 per willful 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 2:17-cv-00183