Class action targets advertising faxes

Dan Harkins Jun. 24, 2015, 2:05pm

A company and an individual are filing a class action against an advertising venture, alleging it is sending ad faxes in violation of federal law.

Flexicorps Inc. and Christopher Lowe Hicklin, doing business as Clark Road Chiropractic, as well as other members of the class, filed a class-action lawsuit May 14 in Cook County Circuit Court against National Pen Co. and National Pen Holdings.

According to the complaint, the case involves the defendants' regular practice of "sending facsimiles without proper notice as required pursuant to the federal Telephone Consumer Protection Act," which "prohibits a person or entity from faxing or having an agent fax advertisements without sufficient notice to allow that person to opt-out of receiving future facsimiles."

The law, according to the suit, allows damages to be assessed of $500 for each violation.

The plaintiffs ask the court to grant the case class action status and award $500 in damages for each violation, as well as a prohibit the defendants from doing this any more. They also seek court costs and attorney fees. They are represented by attorney Brian J. Wanca of Anderson and Wanca of Rolling Meadows. 

Cook County Circuit Court case number 2015CH07887.

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