MIAMI (Legal Newsline) – A Miami, Florida law firm alleges faxes sent by another Miami company caused it harm.
Law Office of Timothy Carl Blake PA, individually and on behalf of all others similarly situated, filed a complaint on Aug. 14 in the U.S. District Court for the Southern District of Florida, Miami Division against Office Sense LLC for alleged violation of the Telephone Consumer Protection Act as amended by the Junk Facsimile Prevention Act of 2005.
According to the complaint, on Aug. 9, the plaintiff received an unsolicited facsimile advertisement promoting defendant's services. The plaintiff claims the advertisement did not contain an opt-out notice in violation of the TCPA.
The plaintiff holds Office Sense LLC responsible because the defendant allegedly shifted the cost of advertising to the consumer in violation of the TCPA.
The plaintiff request a trial by jury and seeks judgment for statutory damages of $500 up to $1,500 for each unsolicited facsimile advertisement, plus prejudgment interest, costs, and granting supplemental equitable relief as may be appropriate. It is represented by Shawn A. Heller and Joshua A. Glickman of Social Justice Law Collective PL in Dunedin, Florida.
U.S. District Court for the Southern District of Florida, Miami Division case number 1:18-cv-23301-KMM