Mo. business sues over unsolicited faxes

Kelly Holleran Jun. 13, 2009, 12:49am

A Missouri corporation claims it used toner, paper and employee time against its will because of unsolicited faxes it received from a medical clinic.

Cynthia L. Holmes P.C. filed a class action lawsuit June 9 in St. Clair County Circuit Court against Back Doctors Ltd., doing business as Fairview Heights Spine and Surgery Center.

Cynthia L. Holmes says Back Doctors violated the Telephone Consumer Protection Act by sending two advertisements via fax on Nov. 25 and Dec. 9.

"Plaintiff had not invited or given permission to Defendant to send fax advertisements," the complaint says.

Receiving the faxes caused Cynthia L. Holmes and other putative class members to lose paper and toner consumed in the printing process, interrupted their privacy interests and cost the companies employee time, according to the complaint.

"That time otherwise would have been spent on Plaintiff's business activities," the suit states.

Cynthia L. Holmes is asking the court to declare the case as a class action lawsuit and to order an injunction prohibiting Back Doctors from sending any more advertisements. It is also asking for $500 in damages for each violation of the Telephone Consumer Protection Act, plus additional unspecified damages, attorneys' fees, costs and other relief of not more than $75,000 per class plaintiff.

Robert J. Sprague of Sprague and Urban in Belleville, Brian J. Wanca of Anderson and Wanca in Rolling Meadows and Phillip A. Bock of Bock and Hatch in Chicago will be representing Cynthia L. Holmes and the putative class.

St. Clair County Circuit Court case number: 09-L-299.

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