A medical services company, Advanced Care Scripts, Inc., is in trouble after allegedly sending thousands of faxes promoting their services over the course of almost five years, from April 2011 to February 2016.
The faxes failed to include mandatory opt-out information, which is a violation of the TCPA. Jefferson Radiation Oncology LLC, a recipient of several faxes from Advanced Care, took issue and filed a class action law suit. In order to defend themselves, Advanced Care filed a lawsuit of their own against WestFax, the company they had hired to send out the faxes. Advanced Care claimed that the violations were the fault of WestFax.
That strategy appeared to come too late and played little role in the final outcome. The parties have now agreed on a settlement of $9.3 million.
Don’t forget those opt out disclosures!