Court rules companies can sue over 'junk faxes?

Missouri companies and consumers can now sue the senders of unwanted faxes.

A Feb. 5 Missouri Court of Appeals' Eastern District ruling gives consumers in Missouri the right to sue for up to $500 per fax that was not requested, according to a press release from Mis-souri Lawyers Weekly.

That penalty could be tripled if the court finds that the fax was sent willfully or knowingly.

The release stated that federal law bans such unwanted solicitation, or "junk faxes," and allows a state attorney general to take action against the sender.

Prior to the Missouri court's decision, it was unclear whether Missouri citizens could sue the sender directly because the Missouri legislature did not have a sta-tute specifically allowing the lawsuits.

The decision was on the Reynolds vs. Diamond Foods & Poultry Inc. case filed in St. Louis County Circuit Court.

James Reynolds, owner of Reynolds Barbeque, sued Diamond Foods and Bob Smugala after receiving four unsolicited telefaxes between Nov. 1 and Nov. 28, 2000. The faxes included meat and poultry product pricing offered by Diamond Foods.

Reynolds' suit claimed violation of the Telephone Consumer Protection Act, but the defendants moved to dismiss the case, arguing that Reynolds could not sue under the TCPA because Missouri law did not permit a private right of action without enabling legislation. The circuit court granted the motion to dismiss and Reynolds appealed.

The circuit court's judgment was re-versed by Federal Judge Robert G. Dowd Jr., who said, "The particulars in this case, including the parties, amount in controversy, and relief sought clearly fit the jurisdiction of the circuit courts as described by the Missouri Constitution. Accordingly, we hold that a private right of action may be brought in state courts of Missouri pursuant to the TCPA, and that Reynolds' petition states a cause of action under the statute."