Dayhoff Soundtrack: Katherine Heerbrandt: Toppings Pizza owner asked to pay $200,000 for unsolicited faxes

Thursday, October 14, 2010

Katherine Heerbrandt: Toppings Pizza owner asked to pay $200,000 for unsolicited faxes

Thursday, Oct. 7, 2010

Toppings Pizza owner asked to pay $200,000 for unsolicited faxes

Four-year-old case back in Frederick County court on Oct. 27

by Katherine Heerbrandt | Staff Writer

http://www.gazette.net/stories/10072010/frednew155400_32549.php

A Frederick County restaurateur said he is in danger of losing his business, but not because of a downturn in the economy.

Rather, he said his livelihood is threatened by what he terms "a frivolous lawsuit filed by a serial plaintiff."

Ken Nelson, president of Toppings Pizza Company in Frederick, is being asked to pay $200,000 in damages and legal fees for allegedly faxing lunch specials to another business in violation of federal and state Telephone Consumer Protection acts, which restricts the use of fax machines to send unsolicited advertisements.

Nelson denies the claim, and has been fighting it for four years. The Frederick County Circuit Court decided the case in Nelson's favor in 2009, but the case was appealed to the Maryland Court of Special Appeals on a technicality. The Court of Special Appeals kicked it back to Circuit Court where it is scheduled for trial on Oct. 27.

"This has gone on for nearly four years," Nelson said. "Why are we still in court for faxes?"

The case began in October 2006...

[...]

In court documents, R. Michael Parrotte, founder of AGV Sports Group Inc. of Urbana, a motorcycle apparel company, said he received 69 unsolicited faxes from Toppings Pizza, which prompted him to file a complaint against Nelson and Faxertise Inc. for violations of the Telephone Consumer Protect Act... http://www.gazette.net/stories/10072010/frednew155400_32549.php

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