The defendant ready to pay $3.3 million as a settlement amount to resolve claims. The case on defendant was that the Mesa Laboratories violated the federal law by sending out junk faxes.
If you received a fax advertisement from Mesa between Feb. 1, 2014 and Dec. 7, 2018, then you could get compensation.
The Plaintiff James II, DDS, filed a class action lawsuit against the Mesa Laboratories after he received unsolicited fax . The advertisement were from the company without opt-out details.
further, the doctor claimed that he and other consumers were harmed by the unwanted fax ads actions because their ink, toner, and paper was wasted. He then claimed that their right to privacy was invaded.
in the class action lawsuit against the, Mesa Laboratories, the plaintiff argued that the fax advertisements were a violation of the TCPA.
What is TCPA?
The TCPA is a federal law that aims to protect consumers from harassing ads and communications through calls, text messages, and faxes. Companies that sent these communications without consent of the consumer comes under the violation of the TCPA.
It was revealed that 42,000 fax numbers were sent advertisements by the Mesa Laboratories. The settlement to resolve the case was initially approved in January 2019. But, the Mesa Laboratories does not admit any wrongdoing. And ready to settle the case to save money from continuity of litigation.
All the Class Members who submit will valid claim by April 15, 2019 may get payment from the settlement. The amount that each claimant can get will depend on the number of claimants. Also, the amount depends upon the fund left over after payment of attorneys’ fees, court costs, and incentive awards.
All those members who want to opt out of the settlement may do so before April 15, 2019. The final approval hearing has been scheduled for May 24, 2019.
Eligibility to file a claim:
All individuals who were sent unsolicited fax advertising from Mesa Laboratories Inc. between Feb. 1, 2014 and Dec. 7, 2018.
Last date to file the claim
Payment amounts will depend on the number of valid claims filed. Class Members will receive an equal share of the settlement fund once litigation costs have been paid.
Details of the filed case
James L. Orrington II DDS PC v. Mesa Laboratories Inc., et al.,
Case No. 1:18-cv-00841,
in the U.S. District Court for the Northern District of Illinois, Eastern Division
James L. Orrington II DDS P.C. v. Mesa Laboratories Inc. Class Administrator
c/o KCC Class Action Services LLC
PO Box 404102 Louisville,
KY 40233-4102 info@MesaLabs