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Missouri company alleges businesses faxed ads without consent

By Robbie Hargett | Mar 28, 2016

ST. LOUIS (Legal Newsline) - A Missouri chiropractic company is suing several businesses, alleging they sent unsolicited fax advertisements.

Berger Chiropractic LLC, individually and for all others similarly situated, filed a class action lawsuit March 23 in U.S. District Court for the Eastern District of Missouri Eastern Division against Dental Equities LLC, Kianor Shahmohammadi, also known as Dr. Kianor Shah, First Arkansas Bank & Trust, Card Assets LLC, and John Does 1-12, alleging violations of the Telephone Consumer Protection Act.

The suit alleges the defendants sent unsolicited fax advertisements to the plaintiff and others in the class in an attempt to market their credit card "exclusively created for health care providers."

The complaint states the recipients of these faxes did not consent to receive them, and the faxes did not contain a clear and conspicuous opt-out notice.


The plaintiff and others in the class seek $500 to $1,500 for each violating call, plus punitive damages, injunction, attorney fees and costs of the suit. They are represented by attorneys Phillip A. Bock, Tod A. Lewis and James M. Smith of Bock & Hatch in Chicago.

U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:16-CV-00397-CDP

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