Costco Junk Fax Lawsuit Certified as a Class Action

A lawsuit against Costco that accuses the giant retailer of sending unauthorized junk faxes in violation of the Telephone Consumer Protection Act (TCPA) has been certified as a class action by a Missouri federal judge. The lawsuit accuses Costco of sending more junk faxes that lacked TCPA-required opt-out language to more than 1,500 individuals and entities.

Costco argued that class certification should be denied because the plaintiff could not prove that every member of the class has received an unsolicited junk fax advertisement. But the court rejected Costo’s argument, stating that the TCPA statute makes clear that the transmission of the unsolicited advertisement, rather than proof of receipt, triggers liability under the TCPA. Companies that violate the TCPA an be liable for between $500 and $1500 per fax.

The lawsuit alleges that Costco faxed a variety of marketing materials, including invitations and letters, tour invitations, and promotions and special offers, with the ultimate goal of getting people to sign up for memberships.

Have You Received a Junk Fax from Costco?

If you have been harassed by unwanted junk faxes from Costco, or another company, you may have rights that require legal attention.

If you have received unauthorized junk faxes, Dimond Kaplan & Rothstein, P.A. lawyers are available for a free consultation about your potential claims.