The Louisiana Record May 18, 2016, 3:06pm


NEW ORLEANS — A medical provider is suing a pharmaceutical company, alleging violation of telephone harassment statutes.

Fairway Medical Center LLC, on behalf of all others similarly situated, filed a class action lawsuit April 28 in the U.S. District Court for the Eastern District of Louisiana against McGowan Enterprises Inc., doing business as Acute Care Pharmaceuticals, alleging that the pharmaceutical company violated the Telephone Consumer Protection Act.

According to the complaint, between April 13-19, Fairway received facsimile transmission of advertisements from Acute Care, which caused them tremendous disruption, annoyance and cost. The plaintiff alleges the defendant failed to provide an opt-out notice compliant on a facsimile advertisement.

Fairway Medical Center seeks a trial by jury, judgment prohibiting the defendant from sending any further non-compliant fax advertisement, compensation for all damages, attorney fees and costs, pre-judgment interest and for such other relief as the court deems proper. It is represented by attorneys George B. Recile, Preston L. Hayes, Ryan P. Monsour, Matthew A. Sherman and Patrick R. Follette of Chehardy, Sherman, Williams, Murray, Recile, Stakelum & Hayes LLP in Metairie.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-03782

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U.S. District Court for the Eastern District of Louisiana
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