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Bobco Metals LLC has agreed to pay $225,000 to resolve a proposed class action that alleges the company sent unsolicited fax advertisements, in violation of the Telephone Consumer Protection Act.
Plaintiff Thunder Studios filed the proposed class action lawsuit against Bobco Metals in November 2013, claiming the company violated the TCPA’s amended provision known as the Junk Fax Prevention Act and other regulations of the federal law by sending, via fax transmission, unsolicited advertisements.
Junk faxes are essentially a form of telemarketing, and in 2005, Congress passed the Junk Fax Prevention Act. The junk fax provision of the TCPA specifically prohibits companies from sending faxes to individuals or businesses without prior express invitation or permission.
Under the terms of the Bobco junk fax class action settlement, participating Class Members who submit a valid and timely Claim Form will receive one $35 payment check.
If the total value of claims made by Class Members exceeds $225,000, payment to each Class Member shall be reduced on a pro rata basis such that the sum total value of all checks issued does not exceed $225,000.
The settlement also provides for plaintiffs’ attorneys fees and court costs of $89,000 along with claims administration costs not to exceed $18,750. For their role in representing the Class, the settlement also stipulates a $1,000 incentive award to be paid to Thunder Studios.
Bobco represents and warrants that is has discontinued sending the unsolicited fax advertisements that were an alleged violation of the TCPA.
Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Feb. 6, 2017.
Who’s Eligible
The settlement Class includes all persons or entities who received a fax advertisement on behalf of Bobco Metals LLC and are/were listed as the subscriber – i.e., the billing party on record with the telephone company – of the facsimile telephone number during the period of Nov. 21, 2009, to Nov. 21, 2013.
Potential Award
$35
Each Class Member may only submit one Claim Form and may only receive one payment check of $35. If the total value of claims made by Class Members exceeds $225,000, payment to each Class Member shall be reduced on a pro rata basis such that the sum total value of all checks issued does not exceed $225,000.
Proof of Purchase
Claimants must supply the fax number where the fax was received. If the fax number entered does not match the list, your claim may be denied.
Claim Form
Claim Form Deadline
2/6/2017
Case Name
Thunder Studios Inc., et al. v. Bobco Metals LLC, Case No. BC528359, in Superior Court of California, Los Angeles
Final Hearing
3/28/2017
Settlement Website
www.BobcoFaxSettlement.com
Claims Administrator
Bobco Metals Fax Settlement Administrator
c/o Angeion Group
1801 Market St., Ste. 660
Philadelphia, PA 19103
1-888-868-4936
Email: BobcoFax@AdministratorClassAction.com
Class Counsel
Nima Nami
NAMI LAW FIRM
Mark Burton
HERSH & HERSH
Defense Counsel
Christine M. Reilly
MANATT PHELPS & PHILLIPS LLP
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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