Face Mask TCPA Lawsuit Alleges PPE Company Sent Junk Faxes

A recently proposed class action TCPA lawsuit alleges that a company selling personal protective equipment (PPE) violated the Telephone Consumer Protection Act (TCPA) by sending unwanted faxes advertising its face mask products.

The TCPA lawsuit was filed in the U.S. District Court for the Northern District of Illinois on Dec. 14, 2020, by two plaintiffs, Illinois-based pizza chain Old Town Pizza of Lombard, Inc., and a Florida medical corporation, Medical & Chiropractic Clinic, Inc. The suit asserts that California-based MP Business Doctors LLC aka MP Face Mask LLC, violated the Junk Fax Prevention Act of 2005 — an amendment to the TCPA — by not first obtaining consent from the recipients before transmitting faxes, as required by the statute.

According to the lawsuit, the plaintiffs both received similar faxes from MP Face Masks during the COVID-19 pandemic, advertising the quality and pricing of various face mask options. The faxes advertised “4 options of Certified Face Masks to choose from…” and stated, “Confirmed Production, Orders Ready to Ship.”

Additionally, Medical & Chiropractic Clinic said it received two faxes advertising promotional deals, which listed pricing options and read, “NEWLY ARRIVED STOCK IN LA ! Ready to Ship NOW!”

Face Mask TCPA Lawsuit

The complaint argues that unwanted faxes damage those who receive them. The suit states that recipients of junk faxes not only lose the use of their fax machine during transmission, they also lose paper, toner, and ink. Plaintiffs in the face mask TCPA lawsuit say that unwanted faxes waste time in attending to them, violate privacy rights, and cause wear and tear on fax machines.

The plaintiffs maintain that they didn’t give “prior express invitation or permission” to the face mask company to send the faxes and further state that “there is no reasonable means for Plaintiffs (or any class member) to avoid receiving unauthorized fax advertisements. Fax machines are left on and ready to receive urgent communications their owners desire to receive.” The suit also argues that the faxes didn’t contain an opt-out notice as legally required by the federal statute.

The face mask TCPA lawsuit purports that at least 40 other recipients have been affected by MP Face Mask’s unsolicited faxes. The plaintiffs assert that they believe the company is continuing to transmit the advertisements by fax and won’t stop its practice of doing so without court intervention.

What is the Junk Fax Prevention Act of 2005?

The TCPA not only helps safeguard consumers from unwanted text messages and phone calls, it also helps protect both consumers and businesses that do not wish to receive unsolicited facsimiles — also known as “junk faxes.”

Under the Junk Fax Prevention Act of 2005, faxes are strictly prohibited unless the recipient gave prior consent to receive them, or the consumer has an existing business relationship with the sender. The Act also requires that faxes contain a notice and the sender’s contact information to allow a recipient to opt-out of receiving them. If a recipient opts out, the sender must honor the request in a reasonable amount of time, no more than 30 days.

In addition to having an established business relationship with the sender, a sender is only permitted to transmit a facsimile if the fax number was obtained in specific ways, including:

• Directly from the recipient on an application, membership form, or another document
• From a public directory that the recipient voluntarily agreed to be on
• From the recipient’s website, an advertisement, or their own directory, unless it specifically states that they don’t accept unsolicited faxes

According to the Federal Communications Commission (FCC), to get a company to stop sending unwanted faxes, the recipient should follow any instructions included on the fax itself — companies are required to include a free way to allow unsolicited fax recipients to submit their requests, such as by toll-free number, e-mail, or website. Additionally, the option provided must be available 24/7. Businesses and consumers can also submit a complaint to the FCC if they receive faxes in violation of the statute.

The Face Mask TCPA Lawsuit is Old Town Pizza of Lombard, Inc., et al v. MP Business Doctors LLC a/k/a Face Mask LLC, Case No. 1:20-cv-07386 in the United States 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.

Get a Free Case Evaluation Now

This article is not legal advice. It is presented
for informational purposes only.