Fla. Orthodontics Clinic Files Its 3rd TCPA Class Action for Unwanted Fax Ads
Cherry Technologies, a payment plan company for managing dental patients’ out-of-pocket costs, sent unsolicited fax ads Dec. 11 to Kawa Orthodontics and at least 40 other recipients in violation of the Telephone Consumer Protection Act, alleged Kawa in a class…
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action Wednesday (docket 9:24-cv-80005) in U.S. District Court for Southern Florida in West Palm Beach. The fax that Cherry sent, trumpeting how patients could take advantage of unused dental benefits that were expiring at the end of the year, was “a generic advertising template suitable for mass transmission to numerous recipients,” said the complaint. Kawa further alleges that Cherry has sent other unsolicited advertisements via fax transmission in violation of the TCPA “during the four years preceding the filing of this lawsuit,” it said. Kawa and members of the proposed class were harmed by being sent the fax because it violated their “statutory right to be free from unsolicited fax advertisements,” it said. Court records show Kawa's lawsuit against Cherry was the third TCPA class action it has filed since June 2021, all for unsolicited fax ads. Kawa voluntarily dismissed its TCPA claims against Northwell Health Labs last month (see 2312230003).