Five Companies Sued Over Allegedly Unlawful Fax Advertisements

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A Tennessee business has filed suit against five companies who allegedly sent illegal fax advertisements in violation of the Junk Fax Prevention Act of 2005, an amendment of the Telephone Consumer Protection Act of 1991. The suit names the following companies as defendants:

• Comprehensive Home Healthcare Services, Inc.
• Amedisys, Inc.
• Amedisys SP-TN, LLC
• Amedisys Tennessee, LLC
• HHC, LLC (which does business as Amedisys Health Care)

According to the complaint, the defendants sent faxes to the plaintiff on two occasions in an attempt to advertise their services. The plaintiff claims it had no previous business relationship with the defendants and never consented to receive the faxes. In fact, the suit says the plaintiff and proposed class members had “no reasonable means” to avoid receiving the faxes, as they did not contain the required opt-out notice providing recipients the option to refuse future faxes. According to the complaint:

“Unsolicited faxes prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients’ fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message.”