PHILADELPHIA– An Ohio company claims a Southampton company sent it an unsolicited fax without its consent.

Modern Hearing Solutions of Canton Inc. filed a complaint on behalf of all others similarly situated on Nov. 14 in the U.S. District Court for the Eastern District of Pennsylvania against Ricca Group Inc., doing business as MedSurvey Inc., alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that on Oct. 24, it received an unwanted facsimile to its number from the defendant regarding an advertisement for market research. The plaintiff alleges it had no prior relationship to the defendant before the fax was sent.

The plaintiff holds Ricca Group Inc. responsible because the defendant allegedly sent unsolicited advertisement via facsimile to the plaintiff without its consent.

The plaintiff requests a trial by jury and seeks actual damages of $500 in statutory damages, to enjoin the defendant and any further relief the court grants. It is represented by John K. Weston and Jeremy E. Abay of Sacks Weston Diamond LLC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-05118-JD

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