Pennsylvania Record

Tuesday, July 16, 2019

Arkansas health care provider alleges Duchesnay USA fax advertising drug was unlawful

Lawsuits

By Carrie Bradon | Jul 1, 2019


PHILADELPHIA – A Bryn Mawr business has been sued by an Arkansas health care provider over allegations it unlawfully faxed unsolicited advertisements.

ARcare Inc. filed a complaint on April 11 in the Montgomery County Court of Common Pleas against Duchesnay USA alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff states the defendant sent an unsolicited advertisement for its drug Bonjesta via fax to it in April 2018. The plaintiff claims that the defendant did not have invitation or permission to send the fax and as such the defendant’s action was a violation of the law.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Kenneth J. Grunfeld, Randall K. Pulliam and E. Lee Hightower III of Golomb & Honik PC in Philadelphia.

The defendant removed the case to the U.S. District Court for the Eastern District of Pennsylvania on June 14.

U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-02593

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