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Center Files Suit to Stop Faxes: Jackson Twp. Plaintiff Says Drug Maker Tied Up Line With Unwanted Ads

Posted on: Tuesday, 10 January 2006, 09:01 CST

By Rick Armon, The Akron Beacon Journal, Ohio

Jan. 10--CANTON -- Unhappy that its fax machine was tied up with unwanted advertisements, a Jackson Township health center has filed a class-action lawsuit against a St. Louis drug manufacturer.

Forest Pharmaceuticals Inc. did not have approval to ship faxes for its Lexapro drug to the Belden Village Pain and Wellness Center Inc., in violation of federal law, according to the suit.

"It's a frequently violated statute," said John P. Lowry, a Cincinnati lawyer and one of the attorneys representing the center. "It affects a lot of businesses in America. We represent a lot of businesses who say they are sick and tired of junk faxes."

He declined to comment specifically about the suit and Belden Village did not return a call for comment.

According to the suit, Belden Village received four faxes for Lexapro, a drug that treats depression and anxiety, between Nov. 1, 2004, and Dec. 13, 2004, but the advertisements were sent "to hundreds or thousands" of others. Belden Village is seeking $500 for each violation and more in punitive damages, plus an order prohibiting Forest Pharmaceuticals from sending more faxes.

A telephone message left with the drug maker was not returned.

The suit -- filed Friday in Stark County Common Pleas Court -- isn't the first over unwanted faxes. A California businessman filed a $2.2 trillion suit against the now-defunct Fax.com three years ago. He also created Junkfax.org, a Web site devoted to showing people how they can file complaints and suits against companies that send unwanted advertisements via fax.

The Telephone Consumer Protection Act of 1991 prohibits unsolicited telephone marketing calls and faxes. But last year, Congress approved the Junk Fax Prevention Act, which allows unsolicited advertisements to be forwarded if the sender has an established business relationship.

Junk faxes are a common complaint to the Federal Communications Commission, a spokeswoman said, but the federal agency lumps telemarketing and fax complaints together and was unable to break out the number of fax complaints.

The FCC issued 24 warning letters to companies last year over apparent fax violations, but levied no fines.

For information about federal laws governing junk faxes, call the FCC at 888-225-5322 or go online to www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html.

Rick Armon can be reached at 330-996-3569 or rarmon@thebeaconjournal.com

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Copyright (c) 2006, The Akron Beacon Journal, Ohio

Distributed by Knight Ridder/Tribune Business News.

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Source: Akron Beacon Journal (Akron, Ohio)

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