Lawsuit Accuses ARP Wave of Sending Unlawful Junk Faxes

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A proposed class action filed in Florida alleging Junk Fax Prevention Act (JFPA) violations has been filed against Minnesota-based ARP Wave, LLC. 

The lawsuit alleges that the plaintiff received an unsolicited fax promoting a free trial for a “patented new therapy” in May 2015. The plaintiff claims they did not give the defendant prior express consent to send the fax, making it unlawful under the JFPA. The case further argues that the fax, which was allegedly sent to at least 40 other recipients, failed to display a proper opt-out notice as required by federal law.