Locklear files fourth class action for 'unlawful' taking of paper, toner ink

Steve Gonzalez Sep. 26, 2005, 12:08pm

Locklear Electric of Wood River has filed its fourth class action lawsuit in Madison County Circuit Court this year, again alleging that unsolicited faxes it received unfairly used its paper, toner ink and electricity.

In the Sept. 26 filing, Locklear claims My Overhead Corporation of Tallmadge, Ohio sent an advertisement via fax on May 18, without obtaining “prior express invitation or permission.”

Represented by Lanny Darr of Schrempf, Blaine, Kelly & Darr of Alton, Locklear alleges the unsolicited fax violates the Federal Telephone Consumer Protection Act (FTCPA) and Illinois Consumer Fraud Act.

The FTCPA provides that it is unlawful for any person to use a fax machine to send an unsolicited advertisement.

Locklear claims My Overhead “willfully” sent or caused to be sent unsolicited fax advertisements, and therefore is liable for $1,500 in damages for each separate unsolicited fax sent.

In order to keep the case in state court to comply with the Class Action Fairness Act, the suit claims “the aggregate of the class is less than $5 million" and no member of the class is seeking damages in excess of $75,000.

Locklear also is seeking an injunction to prohibit and prevent future violations.

Similar class action complaints were filed by Locklear against National Association of Preferred Providers on Feb. 23--five days after President George W. Bush signed the Class Action Fairness Act into law--against Inprovenet on April 18, and Kensington Lighting Corp. of Greensburg, Penn. on Aug. 10.

Madison County Chief Judge Edward Ferguson has yet to assign the case to a judge.

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