Small claims case upgraded to 'unwanted fax' class action

Steve Gonzalez May 8, 2007, 10:00am

Tommy Termite Pest Management filed a class action suit against Allied Steel Buildings in Madison County Circuit Court May 8, alleging it received one or more unsolicited faxes.

Represented by Lanny Darr of Alton, Tommy Termite alleges Allied did not obtain prior express permission before sending an unsolicited fax advertisement in violation of the Federal Telephone Consumer Protection Act on May 8, 2006.

"Allied Steel Buildings and other companies utilizing the fax number, acted voluntarily, and under its own free will, and thus willfully sent, or caused to be sent, unsolicited advertisements by fax," the complaint states.

Tommy Termite claims it will "fairly and adequately" protect the interests of the class.

The class is seeking $500 for every violation and triple damages if the court determines that Allied "willfully" sent the advertisements.

The case has been assigned to Circuit Judge Daniel Stack.

It was originally filed on April 23, in small claims court, but Darr amended the complaint to make it a class action prompting the move to the "Law" docket.

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