NEWARK, N.J. (Legal Newsline) - A New Jersey business is suing the owners and operators of a New Jersey restaurant , alleging the practice of sending unsolicited faxes.
Russel M. Holstein Ph.D. LLC, individually and for all others similarly situated, filed a class action lawsuit May 20 in U.S. District Court for the District of New Jersey Newark Vicinage against Fresh Enterprises LLC, Triune LLC and John Does 1-10, alleging violations of the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act, the New Jersey Junk Fax Statute, and the New Jersey Consumer Fraud Act.
The lawsuit says the defendants, owners and operators of Baja Fresh Mexican Grill in East Hanover, New Jersey, sent unsolicited fax advertisements to the plaintiff and others in the class without the recipients' consent.
As a result, the suit states, the recipients were damaged with loss of use of their fax machines, paper, and ink toner, and they had valuable time wasted and their privacy interrupted, among other harms.
The plaintiff and others in the class seek statutory and treble damages, injunctive relief, declaratory judgment, interests, attorney fees and other costs of the suit. They are represented by attorneys Matthew N. Fiorovanti and Michael J. Canning of Giordano Halleran & Ciesla in Red Bank, New Jersey, and Brian J. Wanca and Ryan M. Kelly of Anderson + Wanca in Rolling Meadows, Illinois.
U.S. District Court for the District of New Jersey Newark Vicinage Case number 2:16-CV-02871-SDW-LDW