Locklear Electric files another class action over unsolicited faxes

Kelly Holleran Dec. 8, 2008, 7:20am

A class action lawsuit filed in Madison County on Dec. 3 alleges American Business Lending and Christopher Parks violated the Federal Telephone Consumer Protection Act when they sent advertisements over fax machines.

Class plaintiff Locklear Electric claims American Business Lending's and Christopher Parks's "unsolicited fax advertisements constitutes an unlawful taking of plaintiff's fax paper, toner ink and electricity, as well as an unauthorized use of plaintiffs' fax machines," the suit states.

This is at least the fifth similar class action lawsuit filed by Locklear since February 2005.

The aggregate of the class claims are less than $5 million and no class member's claim exceeds $75,000, the suit states.

As in the other cases, Locklear is represented by Lanny Darr of Schrempf, Kelly, Napp and Darr in Alton.

According to the new complaint, plaintiffs are entitled to receive damages of $500 for each violation or triple damages if the fax advertisements were transmitted willfully.

Locklear Electric claims American Business Lending and Christopher Parks willfully sent the advertisements and is subject to liability for an injunction to be granted to prohibit and prevent future violations.

In the suit, Locklear Electric is seeking all damages specifically alleged in its complaint, plus attorneys' fees, costs and an order enjoining American Business Lending and Christopher Parks from transmitting any further unsolicited advertisements by fax.

Madison County Circuit Court case number: 08-L-1131.

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