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 user 2005-05-06 at 10:26:00 am Views: 45
  • #9236
    Company files class action over unlawful taking of toner
    ink, paper and power

    MAI, 2005
    For the second time in two
    months, Locklear Electric of Wood River filed a class action lawsuit against a
    business which sent it an unsolicited fax.

    “The unsolicited fax
    constitutes an unlawful taking of Locklear’s fax paper, toner ink, and
    electricity,” according to a suit filed April 19 in Madison County Circuit

    Locklear’s suit against Improvement Inc. of Scottsdale, Ariz.
    claims that on Feb. 10 it received one or more unwanted faxes from the company.
    The suit, which is the second class action filed this week in Madison County and
    the 41st overall for the year, claims Improvement Inc. is liable for $1,500 in
    damages for each separate unsolicited fax it sent.

    Locklear filed a
    similar class action complaint against National Association of Preferred
    Providers six days after President George W. Bush signed the Class Action
    Fairness Act into law on Feb. 18.

    In order for the suit to be unaffected
    by a new federal law which governs whether class action lawsuits are filed in
    state or federal court, the complaint claims, “the aggregate of the class is
    less than $5 million.”

    The new Class Action Fairness Act calls for all
    cases seeking more than $5 million in damages be heard in federal

    According to the complaint, Improvement did not obtain “prior
    express invitation or permission” before sending the fax advertisement in
    violation of the Federal Telephone Consumer Protection Act.

    The act
    provides that it is unlawful for any person to use a fax machine to send an
    unsolicited advertisement.

    Locklear also is seeking an injunction to
    prohibit and prevent future violations.

    Locklear is represented by Lanny
    Darr of Schrempf, Blaine, Kelly & Darr of Alton.

    The case has been
    assigned to Circuit Judge Daniel Stack.