MADISON, Wis. (Legal Newsline) - A Wisconsin corporation is suing The Travel Channel, alleging unsolicited faxed advertisements.
Wilder Chiropractic Inc., doing business as Madison Chiropractic-East, individually and as representative of a class of similarly situated individuals, filed a class action suit July 24 in U.S. District Court Western District of Wisconsin against The Travel Channel, Scripps Network, Scripps Network Interactive and John Does 1-10, alleging facsimile transmissions of unsolicited advertisements.
According to the complaint, on Feb. 3, 2014, The Travel Channel faxed unsolicited advertisements to Wilder Chiropractic in violation of the Junk Fax Prevention Act of 2005 (JFPA). The JFPA prohibits "a person or entity from faxing or having an agent fax advertisements without the recipient's prior express invitation or permission," the suit says.
The plaintiff alleges Travel Channel continued to send unsolicited advertisements, which resulted in loss of use of the fax machine, paper, and ink toner, valuable time wasted, interrupted privacy, prevention of sending or receiving authorized faxes, undue wear and tear on the fax machines, and additional labor to discern the purpose of the unauthorized faxes.
The lawsuit states the unsolicited messages did not display an opt-out notice, required by the JFPA, so the messages could not be avoided.
Wilder Chiropractic and other class members seek actual monetary loss for the violations or $500 for each violation. Wilder is represented by attorney Brian J. Wanca of Anderson & Wanca in Rolling Meadows, Ill.
U.S. District Court Western District of Wisconsin case number: 3:15-cv-00456-jdp.