Econo-Med Pharmacy Settles Class Action With Roche

Noncompliant “opt-out” notices weaponize fax machines

Just the Fax

Few would deny that unwanted faxes waste money and cause aggravation. Unlike the single call or text that sets off a multimillion-dollar TCPA class action, junk faxes cause tangible wear and damage to the underlying technology, using up expensive ink, paper and toner.

David v. Goliath

Econo-Med Pharmacy, a small, family-owned pharmacy in Cherokee Village, Arkansas, claims that it had received multiple junk faxes from Indiana-based Roche Diagnostics Corporation, a medical equipment company. One exemplary fax from Roche touted the “Accu-Chek Test Strip” product and its attachment to a major insurer.

The faxes, however, had not been solicited by Econo-Med; they also failed to include a TCPA-compliant opt-out notice that would give the receiver some measure of control over the number of faxes it received. Based on these allegations, Econo-Med launched a class action on behalf of recipients of