Junk Fax Class Action
On Friday, March 1, 2013 Jay Clogg Realty Group, Inc. sued Burger King in a putative national class action alleging violations of the Telephone Consumer Protection Act. See the Complaint (here). The plaintiff’s motion for certification, filed the same day, asked the Maryland Federal court to certify this case as a class action for “All persons or entities within the United States to whom Burger King sent, or caused to be sent, facsimile advertisements promoting Burger King and its services, at any time within four years prior to the filing of the instant Complaint.”
There have been many Junk Fax Class Actions, some with judgments running in the hundreds of millions of dollars. Congress enacted consumer protection legislation and the FCC has promulgate rules specifically intended to eliminate this form of annoying, wasteful advertising.
- BK Fax