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Chiropractor alleges unsolicited fax advertisements violates TCPA

Federal Court
Danieledelman

Edelman

BENTON — A Carbondale chiropractor claims he received unsolicited fax advertisements for employee drug screening services and background checks in violation of state and federal laws. 

Dr. Richard L. Thalman, doing business as Thalman Chiropractic & Wellness Center, on behalf of plaintiff and the class members defined herein, filed a complaint June 7 in the U.S. District Court for the Southern District of Illinois Benton Division against First Hospital Laboratories Inc., doing business as FSSolutions and John Does 1-10, alleging violation of the Telephone Consumer Protection Act (TCPA) and Illinois Consumer Fraud Act (ICFA). 

Thalman alleges in his complaint that on May 27, 2021, and on June 2, 2021, he received unsolicited fax advertisements from the defendants. He claims the faxes stated they were sent by "a procurement associate with FSSolutions" and were advertising background check and employment as well as medical and monitoring services that included drug and alcohol testing for prospective employees. Thalman claims the faxes were part of a "mass broadcasting of faxes" and that he had no prior relationship with the defendants and did not authorize the fax advertisements. He alleges in his suit that the defendants actions violated the TCPA and ICFA. 

Thalman seeks monetary relief, trial by jury and all other proper relief. He is represented by Daniel Edelman and Heather Kolbus of Edelman, Combs, Latturner & Goodwin LLC in Chicago. 

U.S. District Court for the Southern District of Illinois Benton Division case number 3:21-CV-00543

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