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Tuesday, October 22, 2019

Law firm alleges Nebraska financial services company violated TPCA by sending unsolicited faxes

Federal Court

By Marian Johns | Aug 12, 2019


Lyons

MINNEAPOLIS (Legal Newsline) – A Minnesota law firm has instituted a class action suit against a Nebraska financial services company claiming violations of federal law by sending advertisements via fax to recipients without their permission. 

According to the July 31 filing in the U.S. District Court for the District of Minnesota, plaintiff The Barry Law Office, on behalf of itself and others similarly situated, filed the complaint against Ark Financial LLC alleging violation of the Telephone Consumer Protection Act.

The plaintiff claims that from January through June of this year, Ark Financial sent unsolicited "junk faxes" advertising its services, which included QuickBooks accounting software, to more than 40 recipients. According to the suit, none of the recipients had given express permission or invitation to receive the faxes. 

The plaintiff alleges that Ark was aware of the federal law and included an "opt-out" on the faxes. The plaintiff also alleges the defendant was aware it was violating the TCPA because it sent faxes using ID spoofing.

The suit seeks statutory damages of $1,500 for each of Ark's alleged violations and to enjoin Ark from future unsolicited faxes as well as attorneys' fees and costs. It is represented by Thomas J. Lyons Jr. of Consumer Justice Center in Vadnais Heights, Minnesota.

U.S. District Court for the District of Minnesota case number 0:19-cv-02037

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U.S. District Court for the District of Minnesota

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