iBeat Watch Unwanted Fax Ads TCPA Class Action

The Telephone Consumer Protection Act (TCPA) of 1991 attempted to give consumers some protections against telemarketing. It was amended by the Junk Fax Prevention Act of 2005, which tried to add protections against unwanted advertising faxes. The complaint names as defendant both a company called iBeat, Inc. and its founder, Ryan P. Howard.

The Junk Fax Prevention Act forbid a person or company from faxing, or having an agent fax, advertisements to recipients unless they have the recipients’ express invitation or permission. It also specifies that any fax ads sent must contain an opt-out notice on the first page that conforms to certain requirements.

Nevertheless, the two plaintiffs in this case—Scoma Chiropractic, PA and Marc Irwin Sharfman, MD, PA—claim that they received unwanted fax ads on or about July 7 or 8, 2019. The faxes were from iBeat and they advertised iBeat’s watch and fall protection device.

The faxes said, in part, “In January 2019, medicare launched a new Remote Patient Monitoring program that enables you [to] give products, including [our] 100Plus Emergency Watch with Fall Detection at no cost, while being reimbursed approximately $700 per patient per year….”

It added, “Through the program you can recommend the 100Plus Emergency watch at no cost to your or your patients…”

The fax further promised that the “100Plus can help you provide better care to your patients and, at the same time, bring significant additional revenue to your practice. Please give us a call or email me directly … and I can walk you through how it works and share answer [sic] any questions you may have….”

The complaint asserts that this is telemarketing as the faxes “advertise the commercial availability and/or quality of [iBeat’s] 100Plus Emergency Watch with Fall Detection.”

The plaintiffs claim they did not give iBeat or Howard their “prior express invitation or permission” to send them advertising faxes.

The class for this action is all persons who (1) on or after July 28, 2016, (2) were sent fax messages of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of iBeat or Howard, (3) from whom iBeat or Howard did not obtain prior express invitation or permission to send fax ads, or (4) with whom iBeat or Howard did not have an established business relationship, or (5) where the fax ads did not include an opt-out notice compliant with the law.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

iBeat Watch Unwanted Fax Ads TCPA Complaint

July 28, 2020

The Telephone Consumer Protection Act (TCPA) of 1991 attempted to give consumers some protections against telemarketing. It was amended by the Junk Fax Prevention Act of 2005, which tried to add protections against unwanted advertising faxes. The complaint names as defendant both a company called iBeat, Inc. and its founder, Ryan P. Howard.

iBeat Watch Unwanted Fax Ads TCPA Complaint

Case Event History

iBeat Watch Unwanted Fax Ads TCPA Complaint

July 28, 2020

The Telephone Consumer Protection Act (TCPA) of 1991 attempted to give consumers some protections against telemarketing. It was amended by the Junk Fax Prevention Act of 2005, which tried to add protections against unwanted advertising faxes. The complaint names as defendant both a company called iBeat, Inc. and its founder, Ryan P. Howard.

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