FORT MYERS, Fla. (Legal Newsline) – A Florida auto services company is suing a bookkeeping company over claims it sent unsolicited facsimiles.
JWD Automotive, doing business as NAPA Auto Care of Cape Coral, individually and for all others similarly situated, filed a class-action lawsuit Dec. 21 in the Middle District of Florida against The Automated Bookkeeper, ezandpaperless.com, and John Does 1-10, alleging violations of the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act.
Between April and June 2014, the suit states, the defendants sent unsolicited fax advertisements to the plaintiff and others in the class.
The faxes, allegedly sent without express consent of the recipient, described the availability or quality of the defendants' goods and services.
As a result, the plaintiff and other class members allegedly suffered damages in the form of loss of use of the fax machine, paper, and ink toner; interruption of privacy; wasted time; and wear and tear on the fax machines.
The plaintiff and other class members seek actual monetary loss or $500 per violation, whichever is greater, plus interests and costs. They are represented by attorney Ryan M. Kelly of Anderson + Wanca of Rolling Meadows, Illinois.
Middle District of Florida Case number 2:15-CV-00794-SPC-MRM