Insight Consulting Faxes: Conversion, Trespass to Chattels, Says TCPA Class Action

The Telephone Consumer Protection Act (TCPA) forbids businesses from telemarketing to consumers except under certain conditions. The law has rules governing not only regular voice calls but also faxes and text messages. This class action alleges that Insight Consulting Group, LLC violated the TCPA and other laws when it sent advertising faxes to consumers.

Unwanted faxes are a bother for consumers. They tie up fax machines and phone lines, use up paper and toner or ink, and waste the time of those who have to figure out what to do with them.

The plaintiff in this case, Business Health Solutions, PC, received an advertising fax from Insight Consulting on May 17, 2017. The fax is attached to the complaint as Exhibit A.

It was headed “Attn: Nurse Practitioner and Physician Assistants. Invitation: Online Research Study on ADHD. Compensation: $150.” Insight introduced itself as “a medical market research firm” that was researching “unmet needs in the treatment of ADHD.”

The complaint alleges that Insight Consulting “sought to acquire participation in an online research study in exchange for $150.” According to the complaint, Insight Consulting “derived economic benefit from the sending of the fax. It intended to sell the results of the research conducted for profit.”

The company either negligently or willfully violated the TCPA, the complaint alleges, because it had no prior established business relationship with Business Health Solution and had never obtained permission from Business Health Solutions to send it faxes.

“On information and belief,” the complaint says, “Defendant Insight Consulting Group, LLC has transmitted similar unsolicited fax advertisements to at least 40 other persons.”

Three classes have been proposed for this action. While the definitions are similar, each class relates to one of the counts in the complaint, and their class periods differ.

The class for all three counts is all persons who, during the class period, were sent faxes by or on behalf of Insight Consulting Group, LLC that were seeking services for compensation, where Insight does not have evidence of consent from the recipient or an established business relationship with the recipient before it sent the faxes.

  • Class period for the TCPA count: between September 28, 2016 and the present.
  • Class period for Conversion count: between September 28, 2015 and the present. (Alleges that Insight Consulting appropriated paper and ink or toner for its own use.)
  • Class period for the Trespass to Chattels count: between September 28, 2015 and the present. Alleges that the sending of the fax “interfered with [the] use of the receiving equipment and constitutes a trespass to such equipment.)
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Insight Consulting Faxes: Conversion, Trespass to Chattels TCPA Complaint

September 28, 2020

The Telephone Consumer Protection Act (TCPA) forbids businesses from telemarketing to consumers except under certain conditions. The law has rules governing not only regular voice calls but also faxes and text messages. This class action alleges that Insight Consulting Group, LLC violated the TCPA and other laws when it sent advertising faxes to consumers.

Insight Consulting Faxes: Conversion, Trespass to Chattels TCPA Complaint

Case Event History

Insight Consulting Faxes: Conversion, Trespass to Chattels TCPA Complaint

September 28, 2020

The Telephone Consumer Protection Act (TCPA) forbids businesses from telemarketing to consumers except under certain conditions. The law has rules governing not only regular voice calls but also faxes and text messages. This class action alleges that Insight Consulting Group, LLC violated the TCPA and other laws when it sent advertising faxes to consumers.

Insight Consulting Faxes: Conversion, Trespass to Chattels TCPA Complaint
Tags: TCPA, Unsolicited Faxes