Lumber Liquidators Sued for Sending Junk Fax

Stonecrafters Inc. has sued flooring retailer Lumber Liquidators Inc. for allegedly sending unsolicited junk faxes in violation of the Telephone Consumer Protection Act (TCPA), as amended by the Junk Fax Protection Act of 2005.

The TCPA lawsuit alleges that the Lumber Liquidators failed to include opt-out language in faxed advertisements as required by federal law.

The federal Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005 (JFPA), and the regulations promulgated under the Act, prohibit a person or entity from faxing or having an agent fax advertisements without the recipient’s prior express invitation or permission.

The TCPA junk fax class action lawsuit defines Class Members as “all persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages of material advertising the commercial availability of any property, goods, or services by or on behalf of Defendants, and (3) which did not display a proper opt-out notice.”

According to the TCPA lawsuit, “defendant [has] sent facsimile transmissions of unsolicited advertisements to Plaintiff and the Class in violation of the JFPA, including but not limited to, the facsimile transmission of the unsolicited advertisement on or about February 2014.”

In bringing the junk fax class action lawsuit, Stonecrafters also claims that junk faxes not only waste the recipient’s time, but they also consume resources including use of the fax machine, paper and toner.

“An unsolicited fax wastes the recipient’s valuable time that would have been spent on something else,” the TCPA class action lawsuit says. “A junk fax interrupts the recipient’s privacy. Unsolicited faxes prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients’ fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message.”

Stonecrafters is seeking injunctive relief, preventing defendant from sending unsolicited advertisements in violation of the junk fax act and statutory damages.

The junk fax class action lawsuit is Stonecrafters Inc., et al. v. Lumber Liquidators Inc., et al., Case No. 1:14-cv-3070, in the U.S. District Court for the Northern District of Illinois.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.