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Saturday, April 20, 2024

Belleville chiropractor files class action over unsolicited faxes

A Belleville chiropractor has filed a putative class action lawsuit, alleging he was sent unsolicited faxes on his fax machine, costing him paper and ink.

Dr. Robert L. Meinders, who operates Back Pain Clinic on West Main Street, filed suit April 3 in the St. Clair County Circuit Court against The Emery Wilson Corporation, doing business as Sterling Management Systems.

According to the complaint, Meinders received unsolicited faxes from the defendant, which allegedly violates the Telephone Consumer Protection Act.

“Unsolicited faxes damage their recipients,” the suit states. “A junk fax recipient loses the use of its fax machine, paper and ink toner. An unsolicited fax wastes the recipient’s valuable time that would have been spent on something else.”

Meinders claims he received the fax on March 2, 2013, and at various other times throughout 2013. He says he was not the only one to receive faxes.

Meinders is asking the judge to certify his complaint as a class action lawsuit and seeks damages of $500 to $1,500 for each violation of the Telephone Consumer Protection Act. He is also seeking an injunction prohibiting the defendants from engaging in the statutory violations at issue, plus costs and other relief the court deems just.

He is being represented by Phillip A. Bock and James M. Smith of Bock and Hatch in Chicago and Robert J. Sprague of Sprague and Urban in Belleville.

St. Clair County Circuit Court case number 14-L-256.

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