KANSAS CITY, Mo. (Legal Newsline) – A major wholesale company is being accused of violating federal law by sending one advertisement over a fax machine to a law firm.
The Backer Law Firm, of Independence, Mo., is the plaintiff in a lawsuit filed on April 2 in Jackson County Circuit Court in Missouri against Costco Wholesale Corporation claiming the company sent an advertisement to its fax machine in December 2012.
The defendant removed the case to U.S. District Court for the Western District of Missouri on May 1.
Charles Evans Whittaker Courthouse
The lawsuit claims the advertisement, which was sent on Dec. 17, 2012, was “unsolicited” and as a result violated the federal Telephone Consumer Protection Act.
“(Backer Law Firm) never authorized (Costco) to use (the) facsimile machine, telephone line, toner, paper, or memory for any purpose,” the lawsuit said.
The firm claims due to the advertisement being sent without its permission it was no longer in control of its fax machine, that it owned, and therefore was damaged by Costco as a result.
The law firm is seeking class status for the lawsuit against Costco. The firm is also seeking $500 to $1,500 in damages per advertisement sent over fax machines to class members.
The firm files personal injury lawsuits and is represented by Ari N. Rodopoulos, Noah K. Wood and Ari N. Rodopoulos of Wood Law Firm, LLC located in Kansas City, Mo.
U.S. District Court for the Western District of Missouri case number 4:15-cv-00327
