Class Action Claims Empire Pharmacy Consultants Sent Junk Fax Without Required Opt-Out Notice

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Empire Pharmacy Consultants L.L.C. is facing a proposed class action filed in Kentucky that accuses the company of sending unlawful fax advertisements to unwilling recipients. The plaintiff in the case, a pharmacy in Paducah, Kentucky, allegedly received a fax on March 8, 2018 advertising Empire’s goods or services despite never having provided the company permission to send it. Additionally, the suit claims the message didn’t contain a required opt-out notice.

“The opt-out notice, among other things, must be clear and conspicuous on the first page of the transmission, must state that the recipient is entitled to opt out of receiving future fax advertisements, and must state that the sender must honor a recipient’s opt-out notice request within 30 days and that the sender’s failure to do so is unlawful,” the complaint explains.

The plaintiff argues that the defendant’s fax unfairly consumed resources such as paper and toner, as well as employees’ time that otherwise “would have been spent on…business activities.”