Walmart Pharmacy Hit with TCPA Class Action for Sending One Fax Advertisement in District Court of Kentucky

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Lifeback Recovery Center, PLLC has brought a TCPA class action complaint against Walmart Pharmacy in the Western District of Kentucky, contending it received an unsolicited fax advertisement from the pharmacy.

Lifeback contends the one fax advertisement was sent to it and at least 40 others in Kentucky on August 10, 2016 as part of a mass broadcasting of faxes and did not contain an “opt out” notice that complies with the statute.

The fax advertisement was sent by the pharmacy manager and staff pharmacist and addressed to providers. It provides a list of immunizations and specialty drugs offered at Walmart Pharmacy and states:

“Our role as providers and pharmacist is pivotal when it comes to promoting patient awareness for immunizations. If you have any additional questions or would like additional information regarding our immunization services, please give us a call and we would be glad to speak with you. Our phone number is 502-499-1355 and our fax number is 502-499-1310. We are looking forward to working with you.”

The members of the proposed class are unintended recipients of Walmart’s fax advertisement who allegedly did not have a prior relationship with Walmart and never authorized the sending of fax advertisements.

We are definitely curious as to how big this proposed class action will get as we’ve already seen what type of damage just one fax can do in the TCPA realm. We will keep an eye out on this one.

The case can be found here: Lifeback Recovery Center Pllc et al v. Walmart Inc. et al

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