Preliminary Approval Granted In Class Action Settlement Involving Recipients of Facsimile Advertisements from Trxade Group, Inc. and Westminster Pharmaceuticals, LLC
Nov 28, 2016, 04:45 ET
MOBILE, Ala., Nov. 28, 2016 /PRNewswire/ -- The United States District Court for the Southern District of Alabama, located in Mobile, Alabama, has granted preliminary approval to a proposed Settlement in a class action lawsuit involving recipients of facsimile advertisements from Defendants Trxade Group, Inc. and Westminster Pharmaceuticals, LLC. The case is Family Medicine Pharmacy, LLC v. Trxade, Group, Inc. and Westminster Pharmaceuticals, LLC, Case No. 1:15-00590-KD-B and alleges that Defendants Trxade Group, Inc. and/or Westminster Pharmaceuticals, LLC violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 221, by sending fax advertisements that did not contain the required opt-out notice and/or without prior express consent of Plaintiff and the putative class members.
Who is Included in the Settlement?
Under the terms of the proposed Settlement, the Class consists of: "All individuals and/or entities, who did not have an established business relationship with Trxade Group, Inc. and Westminster Pharmaceuticals, LLC, located in any state, district, or territory of the United States that received one or more unsolicited advertisements or solicitations via facsimile from Defendants during the Class Period." The Class Period is defined as January 1, 2012, to November 4, 2016.
What does the Settlement provide?
The Settlement provides that Trxade Group, Inc. and Westminster Pharmaceuticals, LLC will pay $200,000 into a Settlement Fund that will include money for Settlement Class Members who submit timely and valid claims, after deducting payment of the costs of administering the Settlement, including the costs of this Notice and attorneys' fees, costs, and any incentive award that the Court may award.
If finally approved by the Court, any money remaining in the Settlement Fund after deduction of costs of administering the settlement, including the costs of this Notice and attorneys' fees, costs, and any incentive award that the Court may award, shall be distributed to the Class Members who submit a timely claim and satisfactorily complete the information required on the Claim Form ("Claimant") on a pro rata basis, with each Claimant to receive no more than One Thousand Dollars ($1,000.00). For purposes of the pro rata calculation, each Claimant shall count as one unit. Any remainder from the Common Fund will be distributed as a Cy Pres award to be made solely to students studying at the University of South Florida College of Pharmacy who are sponsored by an independent pharmacist.
How to Receive a Benefit
To receive any cash payment, you must submit a valid Claim Form. Your Claim Form must include all of the required information, must be verified by you, and must be submitted on or before January 17, 2017. A Claim Form is available at www.txdtcpasettle.com.
For more information, including how to opt out or object to the proposed settlement, or to request a claim form, visit www.txdtcpasettle.com or call the JND Class Action Administration toll-free at 1-844-581-8810. Please do not contact the Court.
SOURCE JND Class Action Administration