EAST ST. LOUIS – An Illinois corporation has filed three separate class-action lawsuits alleging several pharmaceutical companies sent unsolicited advertisements to the plaintiff's fax machine.
Camp Drug Store Inc. filed three separate lawsuits, on behalf of itself and others similarly situated, in U.S. District Court for the Southern District of Illinois, East St. Louis Division, against Cochran Wholesale Pharmaceutical Inc., Global Pharmaceutical Wholesale, Westminster Pharmaceuticals, and several unnamed John Does. The plaintiff is citing violation of the Telephone Consumer Protection Act.
The cases are separate lawsuits alleging the same violations against three different defendants. The John Does are persons whose identity may become clear as the lawsuits progress, according to the claims.
The request for class-action status alleges that others also received the unsolicited advertising.
Camp Drug Store alleges the defendants did not include the mandatory opt-out notice as required by the law, the plaintiff did not give permission to anyone to send the advertisements. The plaintiff also alleges the fax machines are intended to be used for communications about patients' private medical needs, not to receive defendants' unlawful advertisements.
The plaintiff seeks judgment that the court maintain this case as a class action, that the defendants pay $500 in statutory damages for each violation of the TCPA, that the court award punitive damages, that the court use its discretion to increase the amount of damages should it see fit, that the court enter an injunction prohibiting the defendants from continuing to send the unsolicited advertisements, and for the payment of all court costs and other relief the court deems proper.
The plaintiff is represented by Phillip A. Bock, Tod A. Lewis, David M. Oppenheim and Daniel J. Cohen of Bock, Hatch, Lewis & Oppenheim LLC in Chicago.
U.S. District Court for the Southern District of Illinois East St. Louis Division Case numbers 16-cv-488, 16-cv-483, 16-cv-481