La Rocca Construction’s Fax Advertisements Criticized in Class Action

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La Rocca Construction, Inc. is facing a proposed class action filed by a Florida law office that claims the company sent an unsolicited fax advertisement that lacked a required opt-out notice. The plaintiff, according to the complaint, received a fax around October 30, 2017 advertising the defendant’s construction services that did not include a disclosure informing the recipient of its option to refuse future faxes. The suit argues that this conduct is illegal under the Telephone Consumer Protection Act (as amended by the Junk Facsimile Prevention Act of 2005) and injured the plaintiff by unlawfully “shifting the cost” of its advertising to the plaintiff.