eClinicalWorks Facing Junk Fax Class Action

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A Florida chiropractor is behind a class action against eClinicalWorks, LLC, eClinicalDirect, LLC ad eClinicalWeb, LLC alleging the companies sent junk faxes in violation of the Telephone Consumer Protection Act (TCPA). The junk fax provision of the TCPA, the complaint notes, was put in place to prohibit companies from sending faxes to individuals or businesses without prior express invitation or permission. According to the complaint, as many as 40 other recipients were sent faxes from the defendants advertising their services – sans the mandatory opt-out language.