Veterinary Clinic Sues Talkatoo to Stop Incoming Unsolicited Fax Ads

Center of Orland Park alleges it received at least four unsolicited faxes between Aug. 3 and Sept. 26 promoting Talkatoo goods and services. Talkatoo intends no admission of fact, law, liability or damages, and reserves all defenses, affirmative defenses, objections and motions, said its notice of removal (docket 1:23-cv-16265). Discovery “may reveal the transmission of additional faxes as well,” said the clinic’s complaint, which also alleges violations of the Illinois Consumer Fraud Act. Unsolicited fax advertising “damages the recipients,” said the complaint. The recipient “is deprived of its paper and ink or toner and the use of its fax machine,” it said. The recipient also “wastes valuable time it would have spent on something else,” it said. Unsolicited faxes “prevent fax machines from receiving and sending authorized faxes,” cause wear and tear on fax machines, and “require labor to attempt to identify the source and purpose of the unsolicited faxes,” it said. Unsolicited fax advertising “is contrary to the TCPA and also Illinois law,” which makes it “a petty offense to transmit unsolicited fax advertisements to Illinois residents,” it said. Talkatoo “engaged in an unfair practice and an unfair method of competition by engaging in conduct that is contrary to public policy, unscrupulous, and caused injury to recipients of their advertising,” it said. Talkatoo gained “an unfair competitive advantage over businesses that advertise lawfully, such as by direct mail,” it said. An ad campaign targeting a million recipients would cost $500,000 if sent by U.S. mail, “but only $20,000 if done by fax broadcasting,” it said. “Instead of spending $480,000 on printing and mailing his ad, the fax broadcaster misappropriates the recipients’ paper and ink,” it said.