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Company files class action over unlawful taking of toner
ink, paper and powerMAI, 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
Court.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
court.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.
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