Class Action TCPA Settlement Seeks Court Approval
Aug 18, 2016, 09:00 ET
FORT LAUDERDALE, Fla., Aug. 18, 2016 /PRNewswire/ -- The following statement is being issued by Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., Scott D. Owens, P.A., regarding the Barr v. The Harvard Drug Group, LLC, d/b/a Expert-Med.
In the United States District Court for the Southern District of Florida
Barr v. The Harvard Drug Group, LLC, d/b/a Expert-Med, S.D. Fla. No. 0:13-cv-62019-KAM
LEGAL NOTICE
THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. A FEDERAL COURT AUTHORIZED THIS NOTICE. IT IS NOT A SOLICITATION FROM A LAWYER
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT.
If you received an advertisement via facsimile from The Harvard Drug Group, LLC, d/b/a Expert-Med ("Harvard Drug") from April 30, 2009 through April 30, 2013, you may be eligible to receive a payment from a class action settlement.
A Settlement has been reached in a class action lawsuit claiming that improper facsimiles were sent by or on behalf of Harvard Drug including, for example, faxes to fax machines and/or computers, marketing products or services without including a compliant opt-out notice. Harvard Drug denies that it did anything wrong, and the Court has not decided who is right.
Who is included? The Court has decided that the Settlement Class includes:
All persons in the United States from April 30, 2009 to April 30, 2013 to whom Harvard Drug sent or caused to be sent a facsimile advertisement that promoted the commercial availability or quality of any property, goods, or services in the form of, or similar to, the document attached as Exhibit A to the Complaint. Excluded from the Class are: Defendant, any parent, subsidiary, affiliate, officers, directors and employees of Defendant, and members of the federal judiciary.
What are the Settlement Terms? A Settlement Fund of $415,500 has been established to pay valid claims, notice and claims administration, attorneys' fees, costs, potential cy pres award and incentive award.
How can you get a payment? To be eligible for a payment, you must sign and return a Claim Form on or before October 25, 2016. You can find a Claim Form at website www.BarrTCPASettlement.com. Subject to the terms of the Settlement Agreement, those who submit a Valid Claim Form may be entitled to no more than $500.00. You must fully complete and timely submit a claim to receive money from this Settlement. Only one claim is allowed per facsimile number. Any relief provided under this Settlement is subject to approval of the Court.
Your other options. If you do not want to be legally bound by the Settlement, you must exclude yourself by October 25, 2016. If you do not exclude yourself, you will remain a Class Member, will not be able to sue Harvard Drug for any of the claims released by the Settlement, and will be legally bound by the Settlement and its terms. If you do not exclude yourself, you may object to any aspect of the Settlement, but must do so by October 25, 2016. Additional Notice available on the website explains how to exclude yourself or object. You may also call the following toll-free number with any questions regarding the Settlement: 877-831-4786.
Settlement Hearing. The Court will hold a Hearing on November 18, 2016 at 9:30 a.m. at the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Courtroom #4, West Palm Beach, Florida 33401 to consider whether to approve the Settlement and a request for attorneys' fees of up to $124,650 and an incentive payment of $2,000 to the Class Representative. If you file an objection and wish it to be considered, you or your attorney may, but need not, appear at this hearing. The Settlement hearing may be moved to a different date or time. Any changes to the date or time of the hearing will be posted at www.BarrTCPASettlement.com.
Additional Information. This Notice provides only a summary of the terms of the Settlement. A more detailed description of the Settlement is available at www.BarrTCPASettlement.com. You may also contact the Settlement Administrator, Garden City Group, LLC at 877-831-4786.
SOURCE Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., Scott D. Owens, P.A.
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