Updated: August 14, 2016 @ 10:09 pm

The Connellsville-based Wendell H. Stone Company Inc., also known as Stone & Company, filed the suit through their attorney, Stuart Gaul Jr., naming Glenn Family Inc., also known as Headwind Consumer Products (HCP), as the defendant.

The suit claims HCP has been involved in the practice of sending unsolicited fax advertisements, specifically for items like motion-activated figurines of chirping birds and croaking frogs as well as outdoor decorative thermometers and solar-activated light balls.

Stone & Company, according to the suit, has received at least three faxes from HCP since June 2015, and the suit claims Stone & Company knows of over 40 other recipients of unsolicited faxes from the company and believes the numbers of others to be in the thousands.

The suit states by sending an unsolicited advertisement by fax, the company is in violation of the federal Junk Fax Prevention Act (JFPA) of 2005, which prohibits advertisements sent by fax without prior consent from the recipient.

“Unsolicited faxes cause legally concrete and particularized harm, and actual damages, to their recipients,” Gaul writes in the suit. “A junk fax recipient loses the use of its fax machine, paper, and ink toner.”

He continues by stating an unsolicited fax wastes the recipient’s time that would have been spent on something else, it invades the recipient’s privacy, they are annoying and prevent fax machines from receiving authorized incoming and outgoing faxes.

Gaul is seeking an award of statutory damages in the minimum amount of $500 for every violation from HCP under the JFPA as well as treble damages where a court can triple the amount HCP would have to pay.

In a similar lawsuit filed at the same time, Stone & Co. named Metal Sales out of Kentucky as a defendant where Stone & Co. receive two unsolicited faxed advertisements for metal roofing from Metal Sales.