Frederick's Toppings Pizza battles $200,000 lawsuit over faxes

UPDATE, Oct. 24: After publishing this story, we were able to reach Michael Parrotte. He stated unequivocably that he does not support frivolous litigation, and the money he has received from these suits is negligible: only a few thousand dollars a year. He also accurately notes that federal and Maryland law protect recipients of unsolicited commercial faxes. The sending of a single fax can result in $2,000 in damages, plus attorney's fees. The Maryland law was passed unanimously by the Senate in 2004.

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A beloved Frederick pizza parlor might soon have to close, and not because of the economy. The company's being sued for hundreds of thousands of dollars for a very unusual reason.

"We've been here eleven years," said Ken Nelson, the owner of Toppings Pizza. "This is basically my life, and this is how my family survives,"

Every so often, Nelson admits, he faxes a list of specials to potential customers. But a local business owner says that puts him in violation of the telephone consumer protection act, and he's told Nelson to pay him more than $200,000.

"I have four kids," Nelson said. "I have 4-year old triplets and a 7-year-old. My wife doesn't work because of the triplets. It's not a good thing."

The pizza parlor is being sued by a company called AGV Sports. It's a motorcycle apparel company out of Urbana.

According to court documents, the plaintiff, Michael Parrottee, claims he's received 69 unsolicited faxes from Toppings Pizza. He also said he sent a letter asking Nelson to stop. But Nelson says he never faxed anything to AGV Sports, and never received a letter. Nelson said all the company had to do was call.

"If they just called the number on the bottom, if they did receive them, they'd be taken off the list," he said.

The case has been ongoing for four years now. Nelson's already forked over $10,000 in legal fees. He won the case in court last year, but subsequently lost an appeal. He believes Parrotte is a serial plaintiff, who makes a living off of suing people.

"I mean, somebody's gotta stop them," he said.

A quick search of state court records revealed that Parrotte has in fact taken at least five other companies to court since 2005. This particular case will be heard on October 27th. An attorny for AGV Sports declined to comment on pending litigation.

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