Unsolicited fax case up for certification, management

By Steve Gonzalez | Aug 16, 2005

Circuit Judge Daniel Stack

The first class action case filed in Madison County Circuit Court after President George W. Bush signed the Class Action Fairness Act into law Feb. 18 will be up for a case management conference and class certifiction Aug. 24 in Circuit Judge Daniel Stack's third floor courtroom at 9. a.m.

Locklear Electric of Wood River filed the suit Feb. 25, alleging it received one or more unsolicited faxes from National Association of Preferred Providers advertising the availability of health care insurance.

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

“Defendant's transmission of unsolicited fax advertisements constitutes an unlawful taking of Locklear’s fax paper, toner ink, and electricity,” the complaint states.

Locklear claims NAPP “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.

In order for the suit to be unaffected by a new federal law which governs whether a class action lawsuit is filed in state or federal court, the complaint claims, “the aggregate of the class are less than $5 million."

The new Class Action Fairness Act calls for all cases seeking more than $5 million in damages to be heard in federal court.

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

NAPP is represented by William Bunning of St. Louis

Locklear has recently filed two similar class action suits against other companies that have allegedly sent unsolicited faxes to them.

Since the new law, Darr has filed all but one of the class action suits in Madison County.

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