Ads sent to consumers by fax are also covered under the Telephone Consumer Protection Act (TCPA). This class action brings suit against Scientiae, LLC and Montefiore Medicine Academic Health System, Inc., which does business as Albert Einstein College of Medicine, over unwanted advertising faxes sent to consumers.
On April 29, 2019, plaintiff Retina Associates Medical Group was sent a fax ad advertising an injection workshop in Los Angeles, California. The workshop cost $299 and certain persons would be able to earn continuing medical education (CME) credits by taking it.
The fax contained what the complaint calls a Designation Statement, which included the sentence, “This activity is jointly provided by Albert Einstein College of Medicine and Scientiae, LLC.”
The complaint says that the fax was “unsolicited” because it was sent to Retina without Retina’s express invitation or permission.
The fax also does not have a proper opt-out notice. Under the TCPA, the opt-out notice must meet the following requirements:
According to the complaint, Scientiae is well aware that sending such faxes is unlawful, because it was sued in 2010 for the same thing. The case was later voluntarily dismissed by the plaintiff, but the complaint contends that this was “presumably because Scientiae paid to settle the case.”
At that time, the complaint notes, Scientiae did provide proper opt-out notices on its junk faxes. So not only has it not stopped sending junk faxes to consumers; it has decided to skip providing proper opt-out notices.
The class for this action is