Filed in Florida federal court, by lead plaintiff Tickling Keys Inc., the complaint alleges Transamerica and its affiliates World Financial Group Inc. and World Financial Group Insurance Agency Inc, sent unsolicited faxes to the computer consulting firm in August 2015.
“There is no reasonable means for plaintiff or any other class member to avoid receiving unauthorized faxes,” the complaint states. “Fax machines are left on and ready to receive the urgent communications their owners desire to receive.”
According to the complaint, at least 40 other recipients were sent unsolicited messages without the opt-out language required by the Junk Fax Protection Act (JFPA).
“Plaintiff is informed and believes ... that defendants may be continuing to send unsolicited advertisements via facsimile transmission in violation of the JFPA and the regulations promulgated thereunder, and absent intervention by this court, will do so in the future,” the lawsuit states.
Plaintiff, Tickling Keys, is seeking certification of a class of users who have received unsolicited faxes from Transamerica and is requesting $500 per violation of the TCPA plus the treble damages allowed under the law, as well as prejudgment interest and costs. The plaintiff is also petitioning the court to stop Transamerica from sending furture unsolicited faxes.
Tickling Keys is represented by Ryan M. Kelly of Anderson + Wanca.
The case is Tickling Keys Inc. et al. v. Transamerica Financial Advisors Inc. et al., case number 6:17-cv-01734, in the U.S. District Court for the Middle District of Florida.