Fax class defined in St. Clair County action

Christina Stueve Nov. 10, 2011, 1:12am


Class action plaintiff Mixon Insurance Agency filed its class notice in a St. Clair County case against Taylorville Chiropractic Clinic and Philip S. Dudak over unsolicited faxes.

The notice reads that "anyone who was sent one or more faxes on Sept. 25, 2006 or Oct. 31, 2006, offering a 'free lunch while you learn seminar series' about spinal decompression treatment at the Spinal Care Center in Granite City" are potential class members.

Circuit Judge Lloyd Cueto, who certified the class action, had approved sending the class notice by fax.

Mixon filed declarations that notices would be sent by mail to 823 names and addresses and to 2,778 fax numbers.

In its lawsuit, Mixon claimed that by sending unsolicited fax messages to its office and to at least 39 other businesses, Taylorville Chiropractic Clinic and its director Philip S. Dudak forced the companies to pay the clinic's advertising campaign.

Mixon filed the case in 2009, saying the defendants violated the federal Telephone Consumer Protection Act.

Because they received the faxes unwillingly, Mixon and the other companies lost the use of their fax machine momentarily and used ink toner and paper, the complaint says. In addition, employees wasted time to get the fax when they could have been doing something else, the suit said.

In Mixon's case, it received the unsolicited faxed advertisement on Sept. 25, 2006, according to the complaint.

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 represent the plaintiffs.

The case is St. Clair County Circuit Court Case number: 09-L-509.

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