Humana EAP and Work-Life Services Junk Faxes TCPA Class Action

Dental and medical offices seem to be frequent recipients of junk faxes. This class action bring suit against Humana, Inc., which does business as Humana EAP and Work-Life Services Humana, claiming that its sending of junk faxes was a violation of the Telephone Consumer Protection Act (TCPA).

In this case, Ryoo Dental, Inc. received a fax advertisement on or around June 26, 2020 from the defendants in this case or someone acting on their behalf.

The fax was attached to the original complaint as Exhibit A. The complaint alleges the fax advertised the “quality or commercial availability of … property, goods or services.” In part, the fax advertised an Employee Assistance Program that it characterized as “non-insurance services.”

The complaint alleges that the company broadcast these fax ads to a number of other companies as well as to Ryoo.

The TCPA forbids the sending of bulk advertising faxes without the express invitation or permission of the recipients because they inconvenience the recipients in a number of ways:

  • They tie up the recipients’ fax machines and telephone lines.
  • They use up the recipients’ supplies of paper and toner or ink.
  • They waste the time of employees who must figure out what to do with them.

Under the TCPA, advertising faxes must include an opt-out notice that meets certain criteria:

  • The notice must be clear and conspicuous and on the fax’s first page.
  • It must state that the recipients may request that the sender not send any future ads and that failure to comply within thirty days with a request meeting the requirements of this section of the law is unlawful.
  • It must set out those requirements.
  • It must include a domestic telephone number and fax number so that the recipient can transmit the request.
  • If neither number is cost-free, it must provide another cost-free option, such as a website or e-mail address.
  • These contact options must be available twenty-four hours a day, seven days a week.

The class for this action is all persons in the US who, on or after August 31, 2016,

  • Were sent a fax message by or on behalf of the defendants in this case, advertising the commercial availability or quality of any property, goods, or services,
  • Where the defendants cannot show evidence of the persons’ prior express invitation or permission for sending such faxes, or
  • With whom the defendants did not have an established business relationship, and
  • Where the fax in question (a) did not display a clear and conspicuous opt-out notice on the first page that meets the requirements for such faxes under the TCPA, and (b) did not have a telephone number for sending the opt-out request, or (c) did not have a fax number for sending the opt-out request.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Humana EAP and Work-Life Services Junk Faxes TCPA Complaint

August 31, 2020

Dental and medical offices seem to be frequent recipients of junk faxes. This class action bring suit against Humana, Inc., which does business as Humana EAP and Work-Life Services Humana, claiming that its sending of junk faxes was a violation of the Telephone Consumer Protection Act (TCPA).

Humana EAP and Work-Life Services Junk Faxes TCPA Complaint

Case Event History

Humana EAP and Work-Life Services Junk Faxes TCPA Complaint

August 31, 2020

Dental and medical offices seem to be frequent recipients of junk faxes. This class action bring suit against Humana, Inc., which does business as Humana EAP and Work-Life Services Humana, claiming that its sending of junk faxes was a violation of the Telephone Consumer Protection Act (TCPA).

Humana EAP and Work-Life Services Junk Faxes TCPA Complaint
Tags: Failure to Provide Opt-Out Notice, TCPA, Unsolicited Faxes