The complaint for this class action alleges that Dental Resource Systems, also known as Trudenta, violated the Telephone Consumer Protection Act (TCPA) when it sent consumers junk faxes without their consent, and without a proper opt-out notice.
The class for this action is all persons within the US who received any faxes from Dental Resource Systems or Trudenta, who had not consented to receive such faxes, and where the messages did not contain an opt-out notice, between July 17, 2013 and July 17, 2017.
The TCPA was passed because advances in technology permitted companies to contact thousands of consumers with very little effort. In particular, advertising via junk faxes was of concern because they used paper, ink, and other resources, they tied up fax machines and prevented access for more important uses, they cost people time in dealing with them, and at times they come in on lines that charge consumers for incoming calls.
The complaint for this class action alleges that beginning in or around December 2016, Trudenta began sending telemarketing faxes to plaintiff New Concept Dental, in an effort to sell its services. According to the complaint, these contacts constitute “telephone solicitation” and “unsolicited advertisement” under the TCPA.
Under the TCPA, an exception is made for calls for emergency purposes, but the complaint specifically states that these contacts were not made for emergency purposes, nor did New Concept Dental have any previous relationship with Trudenta. The complaint also asserts that New Concept Dental had never given Trudenta prior express consent to receive such faxes.
The complaint further alleges that the telemarketing faxes did not contain a proper opt-out notice as required by the TCPA, and that Trudenta did not disclose its Do Not Call policy when New Concept Dental requested it.
For these reasons, the complaint alleges that Trudenta committed both negligent and willful violations of the TCPA’s provisions on junk faxes.