AT&T Class Action Says Company Sends Faxes Without Opt-Out Notice

An AT&T class action lawsuit accuses the company of sending junk faxes without the appropriate notices about how to opt out receiving them.

Plaintiff Vahe Messerlian says the telecommunications giant sent repeated unsolicited faxes to numbers with no information about how to make the practice stop.

Damages in the case, should it move forward with as many Class Members as expected, could be larger than $5 million, according to the AT&T class action lawsuit.

The AT&T junk fax class action lawsuit accuses the defendants of violating the TCPA intentionally and through negligence.

A growing number of legal actions have targeted companies using fax numbers as a marketing method without allowing consumers to opt out of receiving future communications in that manner.

The 2005 Junk Fax Prevention Act does allow for unsolicited faxes to be sent so long as a previous business relationship was established. However, in order to comply with that law, the company sending the faxes had to include an opt-out notice.

The lead plaintiff in the AT&T class action lawsuit says that he began receiving fax advertisements from AT&T around Nov. 14, 2018.

When the plaintiff attempted to learn how these faxes were being sent, he was informed that the blasts were coming from services managed through AT&T Phone for Business.

The AT&T class action lawsuit explains that reaching out to that company revealed that AT&T Phone for Business has packages available for fax blasting, such as sending 300 faxes for $10 a month.

The plaintiff in the AT&T class action says that he did not provide his telephone fax number to the defendant within the four years prior to filing the complaint.

Violations of the TCPA and California Business & Professions Code allow for treble damages up to $1,500 for each violation and negligence under the TCPA allows for damages of up to $500 for each violation.

The plaintiff brings this proposed AT&T class action lawsuit on behalf of himself and others across the United States who received fax messages from the defendant without any opt-out notice.

Those plaintiffs who have taken legal action against companies who send these faxes without proper opt-outs say that the unwanted advertisements force them to pay for receiving those faxes, that it’s a nuisance in their business since the business owner can’t figure out how to stop the ads from coming, and that it ties up their fax line.

The proposed Class in the AT&T class action lawsuit is represented by Todd M. Friedman, Meghan E. George, and Adrian R. Bacon of the Law Offices of Todd M. Friedman PC.

The AT&T Unwanted Faxes Class Action Lawsuit is Vahe Messerlian v. AT&T Teleholdings Inc., Case No. 2:19-cv-00645, in the U.S. District Court for the Central District of California.

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.

GET A FREE CASE EVALUATION NOW