Physical Therapy Firm Violates TCPA With Unsolicited Fax Ads, Says Class Action
Luna Care, an in-home physical therapy business that matches patients with physical therapists in dozens of states, sends unsolicited fax ads to market or sell its services and goods, in violation of the Telephone Consumer Protection Act, alleged plaintiff Victor…
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Mallh’s class action Thursday (docket 1:23-cv-06676) in U.S. District Court for Eastern New York in Brooklyn. The TCPA prohibits any person or entity from sending junk faxes, it said. The TCPA also mandates that if a person or entity sends an otherwise unsolicited fax ad to a recipient with which the sender has an established business relationship, the sender must include a clear and conspicuous opt-out notice on the ad's first page, it said. Luna not only had no established business relationship with the fax recipients, but its faxes contain no clear and conspicuous opt-out notice, it said. Luna’s unsolicited faxes “damage their recipients” by wasting their “valuable time and energy,” and by requiring “additional time and labor to attempt to discern the source and purpose of the unsolicited message,” it said. Mallh's complaint, which court records show was the single TCPA action filed Thursday in the federal courts, alleges Luna sent thousands of ads in “fax broadcasts” to one or more lists of targeted recipients throughout the U.S. during the past four years, including two that Mallh received July 18 and Aug. 29.