Lawsuit Claims Sprint Sends Junk Faxes in Violation of the TCPA

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A proposed class action has been filed against Sprint Communications Company L.P. and affiliates claiming they violated the Junk Fax Prevention Act of 2005, an amendment of the Telephone Consumer Protection Act of 1991. The suit alleges that the defendants sent the plaintiff two fax advertisements without prior consent and without including “opt-out” language on the first page of the fax informing the recipient of his or her right to deny future fax advertisements. According to the suit, “[t]here is no reasonable means for Plaintiff (or any other class member) to avoid receiving unauthorized faxes.” In addition to invading the plaintiff’s privacy, the junk faxes unlawfully consume the recipient’s resources, including the fax machine, paper, toner, and “valuable time that would have been spent on something else,” the complaint says.