EAST ST. LOUIS — A Madison County drug store has filed a class-action lawsuit against a Florida-based medical supply company, citing alleged invasion of privacy by sending numerous advertisements through fax.
Camp Drug Store Inc., individually and as the representative of a class of similarly situated persons, filed a complaint on April 14 in the U.S. District Court for the Southern District of Illinois against Emily Corporation, doing business as DDP Medical Supply, alleging the defendant violated the Telephone Consumer Protection act.
According to the complaint, Camp Drug Store alleges that on March 7, it received numerous facsimile messages about goods, products or services available for purchase from the defendant's medical supply company.
Camp Drug Store claims it never subscribed nor gave consent to receive any fax messages from the defendant that resulted in undue wear and tear of the fax machines, loss of paper and ink toner and loss of valuable time.
The plaintiffs allege the defendant failed to ask permission in writing or otherwise before sending advertisements.
The plaintiffs request a trial by jury and seek judgment for damages, attorneys' fees, costs of suit and such further relief as the court may deem just and proper.
They are represented by Phillip A. Bock, Tod A. Lewis and David M. Oppenheim of Bock, Hatch, Lewis and Oppenheim LLC in Chicago.
U.S. District Court for the Southern District of Illinois case number 3:17-cv-00397