EDWARDSVILLE — Camp Drug Store is suing a medical supply company for allegedly sending unsolicited faxes.
Camp Drug Store Inc., and KevinLee Hendrick, individually and as the representatives of a class of similarly situated persons, filed a complaint on Nov. 7 in Madison County Circuit Court against North Coast Medical Supply and North Coast Medical Supply LLC, doing business as Advanced Diabetes Supply, alleging violation of the Telephone Consumer Protection Act and other claims.
According to the complaint, the plaintiffs received unsolicited advertisements on its fax machine in December 2019. Camp Drug Store claims that neither North Coast Medical Supply nor Advanced Diabetes had permission to fax advertised material. They claim they had no established business relationship with the defendants and that the fax did not contain an opt-out notice. Camp Drug Store further claims the fax encouraged pharmacies to contact the defendants regarding a "solution for retail pharmacies" for Medicare Part B patients in need of glucose monitoring. They allege the defendants' actions violate the Telephone Consumer Protection Act.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Phillip Bock of Bock Hatch & Oppenheim LLC in Chicago and Paul Marks of Sivia Business & Legal Services PC in Edwardsville.
Madison County Circuit Court case number 2023LA001536