TAMPA – A California limited liability company is accused of sending unsolicited faxes.
JWD Automotive Inc., doing business as Napa Auto Care of Cape Coral, filed a complaint individually and as the representative of a class of similarly situated persons on April 12, in the U.S. District Court for the Middle District of Florida against Ignite Payments LLC and John Does 1-5 citing the Junk Fax Prevention Act.
According to the complaint, the plaintiff alleges that it received a fax from the defendants on April 5 advertising its goods and services. The plaintiff alleges this fax was sent without permission and that the plaintiff does not have an established business relationship with the defendants.
The plaintiffs holds Ignite Payments LLC and John Does 1-5 responsible because the defendant allegedly failed to comply with the requirements and regulations of JFPA, and transmitted an unsolicited advertisement without the prior express invitation or permission from recipients.
The plaintiff seeks judgment against defendants, to maintain the case as a class action, actual monetary loss or the sum of $500 for each violation, treble damages of $1,500 for willful violations, 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-00191