Home Advertising Stratford doctor files lawsuit to stop Darien company from sending faxed ads

Stratford doctor files lawsuit to stop Darien company from sending faxed ads

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A doctor in Stratford has filed a prospective class action federal lawsuit against a Darien-based digital media company for sending unwanted faxed advertisements to his office.

According to a Connecticut Law Tribune report, Dr. Kenneth A. Thomas is taking Hospital Media Network to U.S. District Court in New Haven, claiming that the company’s stream of faxed messaging creating “actual harm, including the aggravation and nuisance of receiving such faxes, the loss of use of their fax machines during the receipt of such faxes, increased labor expenses, and the loss of any ink and paper used to print them.”
Thomas’ lawsuit added that the company violated the federal Telephone Consumer Protection Act because he never requested to receive these faxes and the company failed to include the federally mandated opt-out notice that would require the sender to cease communications.

Thomas is also seeking an injunction requiring the company to “cease all unauthorized fax-based marketing activities” and is demanding unspecified “actual and statutory damages … along with reasonable attorneys’ fees.” In addition to Hospital Media Network, Thomas has filed similar lawsuits against Fairfax, Va.-based Bariatrix Nutrition Corp. and Irvine, Calif.-based Practice Builders LLC.

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1 COMMENT

  1. Kudos and best of luck. It’s well overdue to put a stop to all that spam. Especially the kind that generates so much paper waste, all ending up in our landfill.

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