In a Northern District of Ohio case filed on Thursday, Family Health Physical Medicine LLC alleged that it had received a fax soliciting nursing home operator Brookdale Senior Living’s services. The fax purportedly included an invitation for recipients to “to tour the facility ‘to meet our staff’, ‘learn more about how we will serve your clients,’ and offered ‘a complimentary pizza to-go’ to entice the recipients to accept the invitation.”
The complaint alleged that the fax was unaddressed and designed to be sent to medical providers such as Family Health to generate referrals. As such, the complaint is a putative class action, being brought on behalf of “All persons who (1) on or after four years prior to the filing of this action; (2) were sent the Brookdale Fax or similar material; (3) via facsimile; (4) and for whom Brookdale Senior Living has no documents purporting to show the intended recipient’s express permission to receive facsimile advertisements from Brookdale Senior Living.”
The complaint explained that class action status was suitable due to the volume of potential plaintiffs. The complaint does not provide a specific estimate for the number of affected parties.
The plaintiff’s specific claims violations of the Telephone Consumer Protection Act, which bars such unsolicited advertisements, including faxes. The plaintiff is represented by Montgomery Jonson.