HomeAdvisor Unwanted Fax Ads TCPA Class Action

The Telephone Consumer Protection Act (TCPA) seeks to protect consumers from unwanted telemarketing, whether via telephone calls, voicemails, text messages, or faxes. The complaint for this class action alleges that HomeAdvisor, Inc. nevertheless sends out faxes to advertise its services, in violation of the law.

Congress passed the TCPA in 1991 when telecommunications equipment was becoming increasingly available. Items such as automatic dialing systems and prerecorded messaging equipment resulted in a barrage of telemarketing, to the annoyance of consumers.

Under the TCPA, the complaint says, persons or entities are forbidden “from sending fax advertisements without the recipient’s prior express invitation or permission.”

Fax ads not only cause annoyance; they also waste time, money, and availability. They tie up phone lines and fax machines, use up paper and toner, and waste the time of staff who must figure out what to do with them.

In this case, on or about February 3, 2020, HomeAdvisor sent an unsolicited fax ad to the plaintiffs in this case, Denise and Trevor Van Hise, who do business as Carpet & Tile by the Mile.

HomeAdvisor’s business is providing recommendations of local professionals for home improvement or repair projects. HomeAdvisor, the complaint says, “solicits various service professionals to become members to receive leads that match the type of work they are seeking.”

The fax sent to the Van Hises said, in part, “We are pleased to welcome you to your FREE preview of HomeAdvisor services During this Preview, you will receive the leads that match your preferences. You will not be able to contact these customer leads until you are enrolled and approved.”

The Van Hises claim they did not give Home Advisor prior express invitation or permission to send them faxes.

Thus the fax clearly advertises the commercial availability or quality of HomeAdvisor’s property, goods, or services.

The complaint says, “This action seeks relief expressly authorized by the TCPA: (i) injunctive relief enjoining [HomeAdvisor], their employees, agents, representatives, contractors, affiliates, and all persons and entities acting in concert with them, from sending unsolicited advertisements in violation of the TCPA; and (ii) an award of statutory damages in the minimum amount of $500 for each violation of the TCPA, and to have such damages trebled, … in the event the Court determines any TCPA violations were willful or knowing.”

The class for this action is

  • All persons who,
  • Between May 5, 2016 and May 5, 2020,
  • Were sent fax messages advertising the commercial availability or quality of any property, goods, or services by or on behalf of HomeAdvisor,
  • From whom HomeAdvisor did not get prior express invitation or permission to send fax ads, or
  • With whom HomeAdvisor did not have an established business relationship, and
  • Where the fax ads did not include an opt-out notice compliant with the law.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

HomeAdvisor Unwanted Fax Ads TCPA Complaint

May 5, 2020

The Telephone Consumer Protection Act (TCPA) seeks to protect consumers from unwanted telemarketing, whether via telephone calls, voicemails, text messages, or faxes. The complaint for this class action alleges that HomeAdvisor, Inc. nevertheless sends out faxes to advertise its services, in violation of the law.

HomeAdvisor Unwanted Fax Ads TCPA Complaint

Case Event History

HomeAdvisor Unwanted Fax Ads TCPA Complaint

May 5, 2020

The Telephone Consumer Protection Act (TCPA) seeks to protect consumers from unwanted telemarketing, whether via telephone calls, voicemails, text messages, or faxes. The complaint for this class action alleges that HomeAdvisor, Inc. nevertheless sends out faxes to advertise its services, in violation of the law.

HomeAdvisor Unwanted Fax Ads TCPA Complaint
Tags: Failure to Provide Opt-Out Notice, TCPA, Unsolicited Faxes