Fax violation leads to federal class action

Steve Gonzalez Nov. 9, 2005, 4:03pm

John Alleman filed a class action lawsuit in U.S. District Court for the Southern District of Illinois against Wholesale Connection of Longwood, Fla. over two unsolicited faxes received at his Carbondale business.

Alleman claims that on Oct. 11 and Oct. 27, Wholesale sent faxes for discount vacations to Orlando and Daytona Beach without his consent or approval in violation of the Telephone Consumer Protection Act (TCPA).

The TCPA states that no person may use a telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone fax machine.

According to the complaint, Wholesale has sent over 1,000 unsolicited advertisements in the past year to people all over the country.

“John Alleman has an actual claim for damages under the TCPA, and is a representative who will fairly and adequately protect the interests of all class members and a class action is the superior method for the fair and efficient adjudication of the issues raised,” the complaint states.

Alleman is asking the court to restrain Wholesale from sending unsolicited faxes, certify his complaint as a class action naming him the representative, and certifying the class as “All persons who seek damages from Wholesale Connection for sending unsolicited advertisements in the past 12 months.”

He also seeks a judgment of $500 for each violation, and if the court deems that Wholesale willfully or knowingly violated the TCPA, a judgment for $1,500 for each act. Costs are also being sought.

Alleman is represented by Mark Prince of the Prince Law Firm in Carbondale.

The case has been assigned to District Judge G. Patrick Murphy.


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