Circuit Judge George Moran will hear all pending motions Thursday, Oct. 14 at 9 a.m. in Metro Kirby Company v. The Hines Agency, a class action case that was filed in February 2002.
Metro Kirby of Alton, represented by Carr, Korrein, Tillery of Belleville, is alleging that Hines sent them advertising materials that they did not request on Jan. 24, 2002.
Defendant Christopher M. Hines, principal of the Hines Agency is an agent of Illinois Farmers Insurance Co. and represented by Merlo, Kanofsky, Brinkmeier & Gregg of Chicago.
Metro Kirby claims that this one page advertisement came via fax without prior express invitation or permission in violation of 47 USC 227, which in part states:
"§ 227. Restrictions on use of telephone equipment
(a) Definitions. As used in this section -
It shall be unlawful for any person within the United States -
(C) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine."
In January 2003, U.S. Attorney for the southern Illinois district filed a notice of intent to intervene and is a named plaintiff.
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