Class Action Claims MP Face Mask Sent Junk Faxes Without Required Opt-Out Language

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An Illinois pizza chain and Florida chiropractic clinic have filed a proposed class action against MP Business Doctors LLC over the face mask seller’s alleged practice of sending fax advertisements without securing recipients’ prior consent to be contacted.

According to the lawsuit, the defendant, who does business as MP Face Mask LLC, has violated the Junk Fax Prevention Act of 2005, an amendment of the Telephone Consumer Protection Act (TCPA), in its efforts to promote its face masks without following statutory procedures for sending fax ads.

The plaintiff businesses say they began receiving in the midst of the COVID-19 pandemic unsolicited fax advertisements from MP Face Mask in which the defendant advertised “4 options of Certified Face Masks to choose from” that were “Ready to Ship.” Per the complaint, the plaintiffs never provided their consent to be contacted with fax advertisements, and the faxes did not include legally compliant opt-out language instructing the businesses on how to avoid receiving future faxes from MP Face Mask.

The lawsuit alleges the defendant’s unauthorized faxes cost the plaintiffs and proposed class members the use of their fax machines, paper and ink toner, as well as “valuable time that would have been spent on something else,” among other damages.

“Unsolicited faxes intrude into the recipient’s seclusion, violates [sic] the recipient’s right to privacy, occupy fax lines, prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients’ fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message,” the complaint states.

According to the suit, the defendant sent similar fax advertisements without required opt-out language to at least 40 other recipients.

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