Class notice in fax class action should be faxed, Cueto rules

By Christina Stueve | Oct 13, 2011


St. Clair County Circuit Judge Lloyd Cueto on Sept. 28 approved class action plaintiff Mixon Insurance Agency's request that an exhibit be approved in its case against Taylorville Chiropractic Clinic and its director, Philip S. Dudak.

Cueto also approved that Mixon send a class notice by fax and set appropriate dates for any class member desiring to opt out of the certified class.

By sending unsolicited fax messages to Mixon Insurance Agency and at least 39 other businesses, Taylorville Chiropractic Clinic and its director, Philip S. Dudak, forced the companies to pay the clinic's advertising campaign, according to the class action lawsuit.

Mixon filed the case in 2009 against the clinic and its director, saying the defendants violated the federal Telephone Consumer Protection Act by sending unsolicited fax advertisements.

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.

Mixon would like to include in the class any company or person who received an unsolicited faxed advertisement from Taylorville within the past four years.

Robert J. Sprague of Sprague and Urban in Belleville, Brian J. Wanca of Anderston – Wanca in Rolling Meadows and Phillip A. Bock of Bock and Hatch in Chicago represent the plaintiffs.

The firm of Reed, Armstrong, Gorman, Mudge & Morrissey is representing Taylorville Chiropractic Clinic.

The case was certified on Aug. 8 by Judge Cueto.

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

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