An Illinois veterinary clinic has filed a class action lawsuit against a California telemarketing company for sending unwanted advertisements through the clinic's fax machine.
The Cat Practice LLC filed a class action lawsuit in Cook County Circuit Court against Chrisad Inc. and several unnamed employees, alleging violations of the Telephone Consumer Protection Act (TCPA).
According to the lawsuit, Chrisad is a California-based advertising business that focuses on providing advertising for dental practices. The Cat Practice, a veterinary clinic based in suburban Oak Park, claims that it has received dozens of unsolicited promotional advertisements from Chrisad on the company's fax machine, inviting them to register for Chrisad's paid conferences or to purchase its advertising services.
The lawsuit states that the TCPA states that no entity shall initiate a solicitation by fax to a recipient unless the sender already has an established business relationship with the recipient or the sender received the number of the fax machine voluntarily from the recipient or from a directory that the recipient voluntarily agreed to make available their fax number for public distribution. Additionally, the TCPA requires that entities include an opt out notice in their communications which includes a domestic telephone and facsimile number for the recipient to contact to opt out of receiving further notices.
The Cat Practice claims that it has no business relationship with Chrisad and that Chrisad did not have their permission or authorization to send them advertising material. The Cat Practice adds that it doesn't advertise its services by fax and is not listed in a directory for public distribution. The Cat Practice further states that the faxes received from Chrisad did not receive opt out notices as required by the TCPA.
The Cat Practice is seeking damages for each violation for each person covered by the class action lawsuit, plus court costs, attorneys fees and any other relief the court deems proper. The plaintiff is also seeking an order requiring the defendants to cease any further illegal actions. The Cat Practice is represented in this case by attorney Phillip A. Bock, of Bock Hatch & Oppenheim, of Chicago.