Pharmaceutical company allegedly sent illegal fax advertisements

By Shaun Zinck | Jun 18, 2015

ORLANDO, Fla. (Legal Newsline) - A pharmaceutical company is accused of violating federal law by sending unwanted fax messages soliciting services.

Dr. Guy Yves Pelchat. whose principal place of business is Melbourne, Fla., filed the lawsuit June 12 in U.S. District Court Middle District of Florida-Orlando Division against Prevention Pharmaceuticals, alleging it violated the Telephone Consumer Protection Act when it sent fax message advertisements.

The advertisements marketed a variety of nutraceutical products including omega 3 fish oil.

The suit said the advertisements didn't include “legally required opt-out language.” According to the lawsuit, federal law requires companies that send advertisements via fax messaging must include a “clear and conspicuous opt-out notice stating that the recipient may make a request to the sender not to send any future faxes and that failure to comply with the request within 30 days.”

The lawsuit seeks class status for those who received a fax message from Prevention Pharmaceuticals. It also seeks an unspecified amount in damages plus court costs.

Pelchat is represented by attorneys Shawn A. Heller and Joshua A. Glickman of the Social Justice Law Collective, in Washington, D.C.; and by Peter Bennett and Richard Bennett of Bennett & Bennett in Coral Gables, Fla.

United States District Court Middle District of Florida Orlando Division case number 6:15-cv-00957.

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