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TT Medical Unwanted Advertising Faxes TCPA, ICFA Class Action

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The Telephone Consumer Protection Act (TCPA) aims to protect consumers from unwanted telemarketing. Such telemarketing includes telephone calls, voicemails, recorded messages, text messages and faxes. The complaint for this class action alleges that TT Medical, Inc. and its chief executive officer, Lawrence Treystman violated the TCPA and the Illinois Consumer Fraud Act (ICFA) with the advertising faxes it has been sending out.

Faxes are nuisances, but they also cost the recipients in other ways. They tie up phone lines and fax machines, use up ink and paper, and waste the time of those who must figure out where they are from and what to do with them.

TT Medical is a staffing service that assists home health agencies and hospices. It sent its first advertising fax to plaintiff Able Home Health, LLC on August 1, 2018. The fax promoted TT Medical’s staffing services, saying, “We staff all home health disciplines, submit 90% of documents within 5 days and don’t do any visits that aren’t pre-approved by the home health/hospice agency.” It touted the company’s advantages, such as “Over a Decade in the Business,” “Wide Coverage Area,” and “Timely Document Submission.”

The TCPA requires legitimate faxes to have an opt-out notice on the first page, providing specific information. The TT Medical faxes had no opt-out notice at all. 

Twelve more faxes followed, once or twice a month, through March 20, 2019. Most of them were the same as the first; two had a different design promoting documentation abilities and consultancy services. A few had coversheets, but most did not. Copies of the faxes were attached to the complaint at filing.

The complaint alleges that Able did not have a prior business relationship with TT Medical and that it had never given TT Medical permission to send such faxes.

Four classes have been proposed for this action, according to the different counts in the complaint.

  • The TCPA Class is all persons who, on or after June 7, 2015, were sent faxes by or on behalf of TT Medical, Inc. and Lawrence Treystman promoting TT Medical’s goods or services, where TT Medical and Treystman do not have evidence of consent or an established business relationship before the sending of the faxes. 
  • The ICFA Class is all persons with Illinois fax numbers who, on or after June 7, 2016, were sent faxes by or on behalf of TT Medical, Inc. and Lawrence Treystman promoting TT Medical’s goods or services, where TT Medical and Treystman do not have evidence of consent or an established business relationship before the sending of the faxes.
  • The Conversion Class is all persons with Illinois fax numbers who, on or after June 7, 2014, were sent faxes by or on behalf of TT Medical, Inc. and Lawrence Treystman promoting TT Medical’s goods or services, where TT Medical and Treystman do not have evidence of consent or an established business relationship before the sending of the faxes.
  • The Trespass to Chattels Class is the same as the Conversion Class.
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