When Locklear Electric in Wood River, Illinois received another unsolicited fax, it filed a class action complaint, against Kensington Lighting Corporation of Greensburg, Pennsylvania for unlawfully taking the company's fax paper, toner ink and electricity.
The suit filed August 9, 2005 in Madison County Circuit Court, Illinois, claims Locklear received one or more unwanted faxes from Kensington on May 18, in violation of the Federal Telephone Consumer Protection Act and Illinois Consumer Fraud Act.
Locklear claims Kensington “willfully” sent or caused to be sent unsolicited fax advertisements, and therefore it is liable for $1,500 in damages for each separate unsolicited fax sent.
According to the complaint, Kensington did not obtain “prior express invitation or permission” before sending the fax advertisement in violation of the Federal Telephone Consumer Protection Act. The act provides that it is unlawful for any person to use a fax machine to send an unsolicited advertisement.
Locklear also is seeking an injunction to prohibit and prevent future violations.