Advertisements Sent by Fax in Alleged Violation of the Telephone Consumer Protection Act
On January 11, 2018, a “junk fax” class action complaint was filed in United States District Court, Eastern District of Pennsylvania, against Ohio-based Dry Cast Holdings LLC, d/b/a DryCast, on behalf of all persons and entities which, allegedly, received advertisements sent via fax by DryCast in violation of the Telephone Consumer Protection Act (“TCPA”).
According to the complaint, the Plaintiff, who did not have an established business relationship with DryCast, did not expressly consent to receive any advertisement sent by facsimile from the defendant. DryCast, allegedly, sent a fax advertisement promoting its DryCast Protector. Among other things, DryCast’s fax advertisement stated that the cast protector is “affordable” and offered a “FREE Sample.” DryCast’s advertisement, which promotes the quality of DryCast’s products (“Trusted for over 25 years!”), also contained DryCast’s contact number (888-379-2278), and website address (drycast.com), but, allegedly, failed to include the required, compliant opt-out notice to prevent future fax transmissions.
DryCast, allegedly, sent fax advertisements to the Plaintiff and more than 39 other individuals in violation of the TCPA. The junk fax action seeks statutory damages of $500 for each violation of the TCPA, as well as treble, or triple, damages if it is determined that Dry Cast Holdings willfully or knowingly violated the TCPA’s fax prohibitions.
Have You Received Unsolicited or Unwanted Junk Faxes, Telemarketing Calls, Autodial Calls, Prerecorded Calls, Robocalls or Text Messages?
If you have received unwanted, unsolicited or harassing telemarketing calls, junk faxes, autodial calls, prerecorded calls, robocalls, automated calls or text messages and would like to speak privately with an attorney about your potential legal rights, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].