SAN FRANCISCO – A Fountain Valley orthodontist office alleges a Georgia company sent it junk faxes.
Hung V. Vu DDS, doing business as Vu Orthodontics, filed a complaint on behalf of itself and all persons and entities similarly situated on Feb. 16 in the U.S. District Court for the Northern District of California against I Care Credit LLC, doing business as iCare Financial, and Does 1-10 citing the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that the defendant sent it unsolicited fax advertisements in January 2016. The plaintiffs holds I Care Credit LLC, doing business as iCare Financial, and Does 1-10 responsible because the defendants allegedly sent unsolicited advertisements to recipients without prior express consent and the faxes did not contain an opt-out notice.
The plaintiffs request a trial by jury and seek judgment against defendants, injunctive relief, certify class action, appoint representative and counsel, prejudgment interest, costs of suit, attorneys’ fees, punitive damages, and further relief as is just. It is represented by Thomas W. Falvey, Michael H. Bayamian and Armand R. Kizirian of Law Office of Thomas W. Falvey in Glendale; Andre Jardini and K.L. Myles of Knapp, Petersen & Clarke in Glendale; and Stephen M. Rinka of The Rinka Law Firm in Beverly Hills.
U.S. District Court for the Northern District of California Case number 3:17-cv-00790