Restaurant Owner Feels Like Victim in Fax Class Action Lawsuit

By Sarah Mirando | May 31, 2013

Category: Legal News

By Anne Bucher

unsolicted fax lawsuit Jim Pilcher is one of the owners of Clancey’s Restaurant, a family-owned business in Fort Meyers, Florida. In 2006, he received a fax from a company that he believed provided a legitimate marketing service. That company offered to send promotional materials to local businesses and other consumers. Pilcher decided to take the company up on the offer and printed up coupons for a free appetizer and other meal discounts. The marketing firm sent thousands of these coupons to local fax numbers.

In response, Bonnie Dewar has filed a class action lawsuit against Clancey’s and other companies that sent unsolicited communications in violation of the Telephone Consumer Protection Act (TCPA). The TCPA fines companies for each unsolicited communication. The fines can range from $500 to $1,500. Because thousands of faxes were sent out on behalf of Clancey’s, the restaurant could receive a judgment of millions of dollars.

Dewar claims that these unsolicited faxes cost her business precious time and money. With each incoming fax, she had to determine if the fax was junk or if someone in the office had requested it. Each unwanted fax wasted her company’s printing resources. She is the plaintiff in four TCPA class action lawsuits.

Pilcher Believed He Engaged in Legal Communication

Pilcher argues that he was unaware of the TCPA and that he had assumed that the marketing firm was engaged in a legal business. So far, his legal fees have reached $38,000. He is concerned that this TCPA lawsuit will put his restaurant out of business.

Dewar’s attorneys have offered to settle the case for $3 million. Pilcher claims that his insurance company is not covering his legal bills and is not likely to pay to settle this lawsuit. Because of this TCPA class action lawsuit, he fears that he will be forced to declare bankruptcy.

TCPA Enacted to Protect Consumers from Unsolicited Communications

The TCPA was passed by Congress in 1991. It prohibits companies from using automatic dialing systems, text messages, fax machines and prerecorded voice messages to contact consumers without prior express consent. The law also requires solicitors to honor the National Do Not Call Registry, a list of consumers who have requested not to be contacted by solicitors. To encourage compliance with the law, the TCPA allows consumers to sue a company that has illegally contacted them. Consumers could be entitled to receive $500 for each violation. For each willful violation of the TCPA, the consumer could receive $1,500 per violation. In the past few years, customers have received millions of dollars in TCPA class action settlements.

If you have received unsolicited phone calls, faxes, text messages or “robocalls,” you could receive payment for each unwanted communication. Numerous businesses are currently under investigation for violating the TCPA. These companies represent a wide variety of industries, including restaurants, banks and debt collectors. An increasing number of consumers have stepped up to exercise their legal rights. To learn more, visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. By taking legal action, you help to hold these businesses accountable for their actions.