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Locklear Electric Files First Lawsuit Over Unsolicited Faxes

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Case ID: 4500 | Miscellaneous | 10/21/2005

Locklear Electric of Wood River filed the suit Feb. 25, alleging it received one or more unsolicited faxes from National Association of Preferred Providers advertising the availability of health care insurance.

According to the complaint, NAPP did not obtain “prior express invitation or permission” before sending the fax advertisement in violation of the Federal Telephone Consumer Protection Act.

“Defendant's transmission of unsolicited fax advertisements constitutes an unlawful taking of Locklear’s fax paper, toner ink, and electricity,” the complaint states.

Locklear claims NAPP “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.

Locklear has recently filed two similar class action suits against Kensington Electric and MyOverhead Corporation that have sent unsolicited faxes to them.


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