Adroit Global USA Inc. Faces Lawsuit Over Unsolicited Faxes

In the bustling world of business, the line between aggressive marketing and violation of consumer rights can sometimes blur. A recent lawsuit filed in the United States District Court for the Northern District of Illinois highlights this tension.

Glen Ellyn Pharmacy, a small business in the heart of Illinois, found itself on the receiving end of a barrage of unsolicited fax advertisements. The alleged sender was Adroit Global USA Inc., a multinational company, and several individuals and entities yet to be identified.

According to Glen Ellyn Pharmacy, the faxes were not just a nuisance but a violation of their rights. They claim the faxes were sent without their consent and did not contain an 'opt-out' notice. They argue this is a clear violation of the Telephone Consumer Protection Act (TCPA).

The TCPA was enacted in 1991 to protect consumers from unwanted calls and faxes. Among other things, unsolicited fax advertisements must contain a clear and conspicuous notice allowing the recipient to opt out of future faxes. The absence of such a notice in the faxes received by Glen Ellyn Pharmacy forms a central allegation of their claim against Adroit Global USA Inc.

But the allegations don't stop there. Glen Ellyn Pharmacy also accuses Adroit Global USA Inc. of violating the Illinois Consumer Fraud Act (ICFA). The ICFA is a state law designed to protect consumers from unfair or deceptive acts or practices in the conduct of trade or commerce. By sending unsolicited fax advertisements, Adroit Global USA Inc. allegedly engaged in unfair practices, causing harm to Glen Ellyn Pharmacy.

The lawsuit paints a picture of a small business beleaguered by an onslaught of unwanted faxes. These faxes, they claim, consumed their paper, ink, and toner, wasted their time, and interfered with their authorized fax communications. The damages they seek include actual damages, statutory damages, an injunction against further transmission of unsolicited fax advertising, and costs of suit.

But the allegations go even further. In addition to the TCPA and ICFA violations, Glen Ellyn Pharmacy also accuses Adroit Global USA Inc. of conversion and trespass to chattels. Conversion is a common law tort that involves the wrongful interference with the personal property rights of another. Trespass to chattels, on the other hand, involves the intentional interference with another person's lawful possession of a chattel. By sending unsolicited faxes, Adroit Global USA Inc. allegedly interfered with Glen Ellyn Pharmacy's use of its fax machine, thus committing both torts.

In the end, this case is about more than just unsolicited faxes. It's about the rights of consumers and businesses to be free from unwanted intrusions and disturbances from overly assertive businesses. It's about the balance between aggressive marketing and respect for consumer rights. And it's about the responsibility of companies to comply with the laws that govern their conduct.