NEW ORLEANS – A Metairie jewelry company has filed a class-action lawsuit against a Chicago based company over allegations it sent unwanted junk faxes.
Ramsey’s Manufacturing Jewelers LLC and on behalf of all others similarly situated filed a complaint on Feb. 9 in the U.S. District Court for the Eastern District of Louisiana against Berco Watch and Jewelers Supply Co. Inc. alleging that the Chicago based company violated the Junk Fax Prevention Act.
According to the complaint, the plaintiff alleges that between Dec. 10, 2016, and Dec. 17, 2016, plaintiff received unsolicited advertisements to its facsimile telephone machine. As a result, plaintiff alleges it suffered disruption, annoyance and cost of fax paper and toner. The plaintiff holds Berco Watch and Jewelers Supply Co. Inc. responsible because the defendant allegedly sent unsolicited advertisements via facsimile transmission without plaintiff's prior express invitation or permission and failed to comply with the Opt-Out Notice Requirements.
The plaintiff requests a trial by jury and seeks an order certifying the action as a class action, appointing plaintiff as class representative and its counsel as class counsel, award for its efforts as class representative, statutory damages in the amount of $500 for each violation of the act, plus interest, costs of litigation and such other relief that is just and proper. It is represented by George B. Recile, Preston L. Hayes, Ryan P. Monsour, Matthew A. Sherman, Patrick R. Follette and Adam M. Stumpf of Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes LLP in Metairie.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-01136