Mason County physician being sued over spam

By John O'Brien | Apr 19, 2006

Dr. Anthony McEldowney

POINT PLEASANT - A St. Louis doctor is suing a Point Pleasant doctor for unwanted fax messages sent to her office.

Dr. Radha Geismann filed the lawsuit in St. Louis County, Mo., but it was transferred April 10 to Mason Circuit Court. It charges Dr. Anthony McEldowney, now an orthopedist at the Pleasant Valley Hospital in Point Pleasant, with sending "numerous unsolicited facsimile transmissions."

"The faxes were transmitted by or on behalf of Defendant, advertising 'a huge hidden PROFIT CENTER,' " the complaint says.

Geismann is seeking $10,000 plus court costs. The lawsuit was filed through attorney Greg Geismann of Show Me State Legal Services in St. Louis.

"The sending of these unsolicited advertisements to Plaintiff causes Plaintiff to pay for the paper and toner used by the facsimile machine receiving these advertisements," the complaint says. "The facsimile machine and those supplies would otherwise have been used to receive requested messages."

The complaint adds that the transmissions violated the Merchandising Practices Act in Missouri, and that since they violated U.S. law McEldowney should be required to pay three times the amount of available damages.

In addition to $10,000, Geismann is seeking an order to prevent McEldowney to make any further similar transmissions to any other person in Missouri.

Judge David W. Nibert has been assigned the case.

Mason Circuit Court case number: 06-C-53-N

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