Sprint Faces Junk Fax Class Action Lawsuit

Sprint Communications Company has been hit with a junk fax class action lawsuit for allegedly sending repeated faxes with unwanted, unapproved, and unsolicited ads without an opt-out notice.

The junk fax class action lawsuit was filed in federal court this month.

Plaintiff Gorss Motels filed this junk fax lawsuit alleging that Sprint “wasted the time of dozens of members of the proposed class by distributing unwanted, unauthorized, and unavoidable faxes advertising sales promotions.”

The JFPA, or the Junk Fax Prevention Act, is an amendment to the TCPA, or Telephone Consumer Protection Act filed and passed into law by Congress in 2005. It adds changes to some prior amendments made by the TCPA. The complaint states that the JFPA, moreover, amended Connecticut’s general statutes, covering “unsolicited emails, faxes and phone calls,” as well.

Forty other recipients had also received similar unsolicited ads and those recipients had also never established any prior business relationship with Sprint nor given expressed permission or approval in the retrieval of such unsolicited faxes as explained by the TCPA.

According to the junk fax lawsuit, the first fax sent was on April 8, 2013, indicating and advertising a “special promotion for Wyndham Hotel Group looking to switch to Sprint from another wireless carrier that sharply discounted smartphone and data plan prices for the affiliates.” The second was an advertisement for Sprint’s Family Share pack.

The plaintiff argues that the retrieval of the unsolicited faxes caused damage in that they caused the plaintiff to lose their use of their fax machine, specifically to send faxes or receive faxes that they had authorized. Additionally, the retrieval of such faxes wasted the plaintiff’s time because of time spent in having to identify the source and reason such unsolicited messages were sent.

According to the junk fax lawsuit, the plaintiff is proposing a class of 40 members, and they are split into two different classes. One class, according to the junk fax class action comprises of class members who “received unwanted faxes within the past four years,” and secondly, a class whose members are comprised of those who have received unsolicited faxes in the last two years.

The proposed class seeks damages, “in the form of actual monetary loss from the violations, due to toner and paper usage, among other things, or $500 for each violation of the junk fax law, whichever is greater.”

The Junk Fax Class Action Lawsuit is Case No. 3:17-CV-00546, in the U.S. District Court for the District of Connecticut.

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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.

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