R3 Stem Cell Unwanted Faxes TCPA Class Action

The Telephone Consumer Protection Act (TCPA) seeks to prevent unwanted telemarketing, whether by phone calls, voicemails, text messages, or faxes. This class action brings suit against R3 Stem Cell, LLC for allegedly violating the fax provisions of the TCPA.

The class for this action is all persons who, between February 5, 2016 and February 5, 2020, were sent faxes by or on behalf of R3 Stem Cell promoting its goods or services for sale.

When automated telecommunications equipment became readily available to telemarketers, consumers received an explosion of telemarketing intrusions. These intrusions were generally considered an invasion into the privacy of the consumers contacted. Congress decide that the only way to relieve the burden on consumers was to ban telemarketing entirely, unless the consumers being contacted were willing to receive this kind of information from a particular party.

However, in many cases, the intrusions also represented an expense. For example, cell phone owners pay for incoming as well as outgoing calls. And telemarketing faxes tie up telephone lines and fax machines, use up paper and toner, and waste the time of individuals who must decide what to do with them.

Congress passed the TCPA in 1991. In 2005, the law was amended to add details on junk faxes.

Nevertheless, many businesses still think unwanted faxes are a good way to market their businesses.

Michigan Urgent Care & Primary Care Physicians, PC is located on Livonia Road in Michigan. On October 29, 2019, it received an unsolicited fax inviting it to participate in a seminar sold by R3 Stem Cell that would occur on November 15 and 16, 2019.

Michigan Urgent Care claims that it had no prior relationship with R3 and had not authorized the company to send it telemarketing faxes. A copy of the fax ad was attached to the original complaint as Exhibit A. 

Also, the TCPA requires that all telemarketing faxes include an opt-out notice. This opt-out notice must meets certain specifications detailed in the law’s regulations. According to the complaint, the fax ad sent by R3 does not contain any opt-out notice.

The complaint alleges that the fax receive by Michigan Urgent Care was sent as part of a mass broadcast of telemarketing faxes.

The complaint claims violations of the TCPA, including the possibility that the violations were willing or knowing. When violations are willing or knowing, they carry greater penalties than when the violations are merely negligent.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

R3 Stem Cell Unwanted Faxes TCPA Complaint

February 5, 2020

The Telephone Consumer Protection Act (TCPA) seeks to prevent unwanted telemarketing, whether by phone calls, voicemails, text messages, or faxes. This class action brings suit against R3 Stem Cell, LLC for allegedly violating the fax provisions of the TCPA.

r3_stem_cell_tcpa_complaint.pdf

Case Event History

R3 Stem Cell Unwanted Faxes TCPA Complaint

February 5, 2020

The Telephone Consumer Protection Act (TCPA) seeks to prevent unwanted telemarketing, whether by phone calls, voicemails, text messages, or faxes. This class action brings suit against R3 Stem Cell, LLC for allegedly violating the fax provisions of the TCPA.

r3_stem_cell_tcpa_complaint.pdf
Tags: Failure to Provide Opt-Out Notice, TCPA, Unsolicited Junk Faxes