A class-action lawsuit could force an electronic medical records provider to pay close to $9 million for sending unsolicited faxes. According to The Business Journal, the faxes were sent to about 7,000 health care providers on three different occasions.
Our Illinois personal injury lawyers at Pintas & Mullins Law Firm want to stress that sending unsolicited junk faxes is prohibited by law. Anyone who sends such faxes without the permission of the recipient is subject to a fine in accordance with the Federal Telephone Consumer and Protection Act (TCPA) of 1991 and the Junk Fax Prevention Act of 2005.
The three-person company may not actually have to pay a single dollar of the settlement, however, because the unsolicited fax victims will likely look to the company’s insurance company for compensation instead.
According to the complain, the company owner sent the faxes to the healthcare
providers in 2010. The faxes advertised an Electronic Health Record (EHR) seminar.
The company reportedly acquired the fax numbers from a third-party fax-broadcaster and may not have been aware that it was against the law to send the faxes. However, it does not matter whether the guilty party was aware of the law or not to invoke liability.
The lead defendant in this case was previously involved in other class-action junk fax suits. The company was involved in over 50 lawsuits in Wisconsin over an 11 to 12 year period. The majority of suits were small claims against nonpaying customers. At least three were junk-fax suits.
Junk faxes were a serious problem before the Congress prohibited them in
1991. People found it difficult to use their machines because they were
getting so many junk faxes from solicitors. Doctors confirmed that they
were unable to fax prescriptions because the fax machines were constantly
engaged in printing junk ads.
More recently, an Associated Press article revealed that the Supreme Court of Georgia ruled against a company accused of collaborating with a Texas firm to send over 300,000 junk faxes to homes and businesses in metro Atlanta. The company may be liable for a $459 million fine.
If you received unsolicited faxes, you may have a case against the senders. Contact a personal injury attorney learn more about your legal rights. Make sure to keep the junk fax as a record if possible.