Shaun Zinck Jul. 29, 2015, 11:59am


TRENTON, N.J. (Legal Newsline) - A Florida dental company is accused of violating federal law when it sent fax messages to potential customers without obtaining prior permission from recipients.

Richard Marcus filed the lawsuit on Jun 29 in U.S. District in New Jersey against Aesthetic DSign Dental Lab, claiming the advertisements were soliciting its services, which violates the Telephone Consumer Protection Act.

“The TCPA expressly prohibits unsolicited fax advertising,” the lawsuit states. “Unsolicited fax advertising damages the recipients. The recipient is deprived of its paper and ink or toner, and the use of its fax machine. The recipient also wastes valuable time it would have spent on other matters.”

The lawsuit also said the dental company failed to include an opt-out clause in their fax message advertisements, and claims the TCPA not only prevents unsolicited fax messages, but also solicited messages that don't contain opt-out notices.

The lawsuit seeks class action status for those who received a fax message from the company within the last four years. The suit is also seeking $500 for every violation for each violation, and is requesting treble damages of $1,500 for each violation plus court costs.

Marcus is represented by Ross H. Schmierer of Paris Ackerman & Schmierer LLP of Roseland, N.J., and Todd M. Friedman of the Law Offices of Todd M. Friedman, P.C. in Beverly Hills, Calif.

United States District Court District of New Jersey case number 3:15-cv-04712.

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