‘Just the Fax’ – N.Y. Insurance Assoc. Asks State’s AGO to Investigate Law Firm

April 5, 2004

The New York Insurance Association has asked the state’s attorney general to investigate a law firm which is reportedly using unsolicited fax transmissions to seek prospective beneficiaries of a class action lawsuit settlement against a satellite television company on the grounds that it used unsolicited fax transmissions to advertise its services.

The unsolicited fax received by NYIA from an Indianapolis law firm is seeking members of the settlement class who would receive settlement certificates to compensate for the harm caused by receiving an unsolicited fax advertisement for satellite television services.

The notice of the proposed class action settlement reportedly notes that the law firm of Cohen & Malad will receive $8.4 million in legal fees pending the court’s approval.

“New York’s businesses deserve to be free from the harassment of unsolicited facsimiles and the harassment of frivolous class action lawsuits,” wrote NYIA president Bernard Bourdeau in his letter to New York State Attorney General Eliot Spitzer.

“Using unsolicited faxes in a lawsuit seeking damages for the use of unsolicited faxes at least deserves special consideration for the trial bar’s chutzpah of the year award,” he added.

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