Unwanted faxes subject of first suit since reform enacted
Locklear Electric filed the first class action in Madison County since President George Bush signed into law on Feb. 18 the Class Action Fairness Act--which moves most class actions to federal court.
Locklear claims that National Association of Preferred Providers received one or more unsolicited faxes transmitted by NAPP advertising the availability of quality health care insurance.
According to the complaint, NAPP did not obtain “prior express invitation or permission” before sending the fax advertisement in violation of the Federal Telephone Consumer Protection Act.
“Defendant's transmission of unsolicited fax advertisements constitutes an unlawful taking of Locklear’s fax paper, toner ink, and electricity,” the complaint states.
Locklear claims NAPP “willfully” sent or caused to be sent unsolicited fax advertisements, and therefore they are liable for $1,500 in damages for each separate unsolicited fax they sent.
In order for the suit to be unaffected by a new federal law which governs whether a class action lawsuit is filed in state or federal court, the complaint claims, “the aggregate of the class are less than $5 million."
The new Class Action Fairness Act calls for all cases seeking over $5 million in damages to be heard in federal court.
Locklear is represented by Lanny Darr of Schrempf, Blaine, Kelly, & Darr of Alton.
05 L 226(3rd Circuit)