NEW ORLEANS – A Metairie company alleges a New Jersey corporation sent it junk faxes and has filed a class-action suit.
Casso's Wellness Store & Gym LLC filed a complaint on March 15 in the U.S. District Court for the Eastern District of Louisiana against Spectrum Pharmacy Products Inc. alleging that the pharmaceutical company violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that as a result of defendant's unsolicited faxes, plaintiff suffered disruption, annoyance and costs. The plaintiff holds Spectrum Pharmacy Products Inc. responsible because the defendant allegedly willfully sent unsolicited facsimile advertisement and failed to provide the mandatory opt-out notice requirements.
The plaintiff requests a trial by jury and seeks an order certifying this action as a class action, appointing plaintiff as class representative and its counsel as class counsel, statutory damages of $500 for each violation of the Act, award for litigation costs and such other relief. It is represented by 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 2:17-cv-02161