Two Home Health Companies Face Junk Faxes Lawsuits

Two home-health companies based out of Illinois are facing junk faxes lawsuits filed by a home health care provider. The lawsuits accuse the companies of violating the Telephone Consumer Protection Act (TCPA) because they both allegedly sent unwanted faxes advertising their services.

Able Home Health LLC is filing separate suits against Golden Touch Staffing, LLC and Family Physicians Inc. The complaints allege that the companies sent junk faxes “as part of a mass broadcasting of faxes” in which they accuse the company of promoting themselves in the hopes of gaining patients, according to Law360.

According to Able Home, Golden Touch sent a one-page promotional fax in which they sent twice on the same day. The fax marketed the company’s “experienced” and “competent” occupational and physical therapists. The promotional fax also encouraged those who received the advertisement to call while also mentioning and listing the service area towns the company covers.

On the other hand, Family Physician allegedly sent a promotional fax not only listing the providers the company has but including two pages of company information, a page that included the facility’s contact information and a blank patient referral form.

According to Able Home, “There is no reasonable means for plaintiff or other recipients of defendant’s unsolicited advertising faxes to avoid receiving illegal faxes,” they said. They add that fax machines “must be left on and ready to receive urgent communications authorized by their owners.”

Able home also claims that the home health companies sent out junk faxes to nearly 40 people and businesses across the state. However, “discovery may reveal the transmission of additional faxes as well,” Law360 reports.

Able Home is filing the TCPA claims against the companies hoping to represent nationwide classes of anyone who have received junk faxes and promotions by the company. Able home also hopes to represent those who have also received the promotions in statewide class on the companies’ alleged violations of the Illinois Consumer Fraud act, in addition to trespassing and conversion claims.

“Appropriate damages” are being sought through the complaint, with hopes that the overseeing judge enters orders blocking both companies from future TCPA violations.

Overview: TCPA Violations and Junk Faxes

The Telephone Consumer Protection Act (TCPA) was enacted by Congress in 1991 to help regulate regulates unsolicited faxes, text messages, telemarketing calls, auto-dialed calls, and prerecorded calls to consumers.

Rules regulated by the TCPA include some of the following:

• Receive a consumer’s prior written consent before making any robocalls.
• Provide an automated and interactive “opt-out” mechanism during robocalls for consumers to let telemarketers know that they would no longer like to be called.
• No longer let an “established business relationship” be sufficient for contact in addition to requiring prior written expressed consent for contact.

On Oct. 16, 2013, the TCPA changed its rules to require prior express consent before any autodialed or prerecorded calls/faxes could be made. The Act also regulates a National Do-Not-Call List protecting consumers against telemarketing calls.

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.

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