A proposed class action claims Noah Associates Incorporated has sent unsolicited fax advertisements regarding its offsite COVID-19 testing services without obtaining recipients’ consent to do so or including proper opt-out language.
Filed by an Illinois dental surgeon, the 13-page lawsuit asserts that the defendant, a Milwaukee-based company providing offsite clinical laboratory testing services, sent two unsolicited faxes to the plaintiff in June 2020 that violated the Telephone Consumer Protection Act’s (TCPA) Junk Fax Prevention amendment.
According to the case, the faxes advertised Noah Associates’ testing services, with the June 9 fax stating in relevant part that the company could make it as “easy as 1-2-3” to obtain offsite drug testing for clinics practicing telemedicine and the June 11 fax advertising the company’s COVID-19 testing.
The plaintiff claims he never provided the defendant with prior express invitation or permission to send the faxes, adding that he had “no reasonable means” to avoid receiving the messages given fax machines are left on and ready to receive “the urgent communications their owners desire to receive.”
Noah Associates overstepped the TCPA in sending the faxes at issue both by failing to obtain the recipients’ prior consent and by neglecting to include required opt-out information, the lawsuit alleges. The case explains that senders of faxed advertisements must include by law on the first page of the fax “clear and conspicuous notice” that informs the recipient of their right to opt out of receiving future faxes, that opt-out requests must be honored within 30 days, and how to opt out of receiving the faxes for all of their fax numbers.
Per the complaint, the faxes were received by the plaintiff and at least 40 others who never consented to receive communications.
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