Shaun Zinck Jul. 22, 2015, 7:23pm


A business loan company is the subject of a class action lawsuit the claims the business illegally sent unwanted fax messages soliciting its services.

G. Neil Garrett, a dental office, filed the lawsuit on June 24 in United States District Court in Illinois against Advance Funds Network claiming the fax messages violate the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud Act.

The lawsuit states Garrett didn't give Advance Funds permission to send it the fax messages, and by doing so it wasted Garrett's resources.

“The recipient is deprived of its paper and ink or toner and the use of its fax machine,” according to the lawsuit. “The recipient also wastes valuable time it would have spent on something else. 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.”

The suit also states the message was sent by Advance Funds to at least 40 others, and the message didn't contain an opt out notice, which is required by federal law.

Garrett is seeking class status for those who received the unwanted fax messages, and is also seeking an unspecified amount in damages plus court costs.

Garrett is represented by Daniel A. Edelman, Cathleen M. Combs, James O. Latturner and Dulijaza Clark of Edelman, Combs, Latturner & Goodwin LLC in Chicago.

United States District Court for the Northern District of Illinois Eastern Division case number 1:15-cv-05616.

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