Smith Medical Partners, One Other Accused of Sending Illegal Fax Advertisements

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Smith Medical Partners, LLC and H.D. Smith, LLC are on the receiving end of a proposed class action lawsuit claiming they sent, in violation of the Junk Fax Prevention Act of 2005, unsolicited fax advertisements without recipients’ express consent. The plaintiff in the case, a Florida resident, alleges he received a fax message from the defendants containing information about the goods and services they offer despite having never provided his consent to receive the fax. The suit claims the message did not provide required opt-out information and argues that the plaintiff had “no reasonable means” to avoid receiving it.