Locklear files third unsolicited fax class action

By Steve Gonzalez | Aug 10, 2005

Like any smart business should be, Locklear Electric is mindful about wasting resources.

So when the Wood River firm received yet another unsolicited fax, it filed its third class action complaint in 2005, going after culprit Kensington Lighting Corp. of Greensburg, Penn. for unlawfully taking the company's fax paper, toner ink and electricity.

A suit filed Aug. 9 in Madison County Circuit Court claims Locklear received one or more unwanted faxes from Kensington on May 18, in violation of the Federal Telephone Consumer Protection Act and Illinois Consumer Fraud Act.

Locklear claims Kensington “willfully” sent or caused to be sent unsolicited fax advertisements, and therefore it is liable for $1,500 in damages for each separate unsolicited fax sent.

Similar class action complaints were filed by Locklear against National Association of Preferred Providers Feb. 23, five days after President George W. Bush signed the Class Action Fairness Act into law, and another on April 18 against Inprovenet.

According to the complaint, Kensington did not obtain “prior express invitation or permission” before sending the fax advertisement in violation of the Federal Telephone Consumer Protection Act.

The act provides that it is unlawful for any person to use a fax machine to send an unsolicited advertisement.

Locklear also is seeking an injunction to prohibit and prevent future violations.

Locklear is represented by Lanny Darr of Schrempf, Blaine, Kelly & Darr of Alton.

In order to keep the case in state court to comply with the Class Action Fairness Act, the suit claims “the aggregate of the class is less than $5 million" and no member of the class is seeking damages in excess of $75,000.

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