KY Meds Sued Over Allegedly Unsolicited Faxes

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A proposed class action alleging Telephone Consumer Protection Act (TCPA) violations has been filed against KY Meds Inc. The plaintiff, a company that owns and operates pharmacies in Tennessee, alleges that the defendant sent it an unsolicited fax in March 2018 advertising KY Meds’ goods and services. Faxing advertisements without obtaining the prior consent of the recipient is prohibited by the TCPA, the lawsuit says. The plaintiff further claims that the fax did not contain a lawful opt-out notice. According to the lawsuit, the defendant sent similar unsolicited faxes without opt-out notices to at least 40 other recipients.