Suit claims APS Pharmacy sent unsolicited faxes

By Robbie Hargett | Dec 9, 2015

CHICAGO (Legal Newsline) – An Illinois man is suing a Florida pharmacy over claims it sent unsolicited fax advertisements.

Shaun Fauley, individually and for all others similarly situated, filed a class action lawsuit Nov. 30 in the U.S. District Court for the Northern District of Illinois against Drug Depot, also known as APS Pharmacy and John Does 1-10, alleging violations of the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act.

On Sept. 30, 2013, the suit states, the defendants sent facsimile transmissions of unsolicited advertisements to Fauley and others in the class. The fax advertisement in question allegedly describes the commercial availability or quality of the defendants' goods and services.

The faxes, which the suit claims were sent to more than 40 other recipients, did not contain required opt-out language, either.

As a result, Fauley and others in the class have suffered damages in the form of lost paper and ink toner, as well as the loss of use of fax machines and loss of valuable time. Junk faxes also interrupt the recipient's privacy, according to the suit.

Fauley and others in the class seek actual monetary loss or the sum of $500 per violation, plus interest and costs. They are represented by attorneys Brian J. Wanca and Ryan M. Kelly of Anderson + Wanca in Rolling Meadows, Illinois.

U.S. District Court for the Northern District of Illinois Case number 1:15-CV-10735

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Anderson + Wanca APS Pharmacy

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