Med-Stop Junk Fax Class Action Settlement

Qualifying recipients of advertising faxes from Med-Stop can claim a $40 voucher under terms of a junk fax class action settlement.

Plaintiff Swifter Group Inc. filed this junk fax class action lawsuit in June 2017 in a Missouri state court. Swifter Group alleges defendant Med-Stop Inc. and its principal Pawel K. Kwiecinski sent them unsolicited fax advertisements.

Swifter Group says it had not given Med-Stop consent to send them such faxes, nor did Swifter have any established business relationship that would have made such faxes appropriate. Swifter Group also claims the faxes did not provide instructions on how the plaintiff could opt-out of receiving future faxes.

The plaintiff alleges Med-Stop sent faxes like these to a whole Class of similarly situated recipients.

Swinter Group claims Med-Stop’s faxes violate the Telephone Consumer Protection Act. The TCPA prohibits the use of automated fax and phone dialing equipment to send communications to persons who have not consented to be contacted that way, or with whom the sender does not have an established business relationship.

The TCPA also requires advertising faxes to display an opt-out notice that tells the recipient how they can avoid receiving similar faxes in the future.

Originally enacted in 1991, the TCPA has since been updated to apply to phone calls and text messages sent to mobile devices.

Under terms of the Med-Stop class action settlement, Class Members who submit valid and timely claims can receive a voucher good for a discount on services provided by Med-Stop.

Med-Stop does not admit any liability under the TCPA. The defendant maintains that its faxes complied with applicable laws at all times, and that it entered into the settlement solely to avoid the risk and expense associated with further litigation.

Class Members may exclude themselves from the settlement by submitting a written request no later than Dec. 11, 2017. To object to the settlement’s terms, Class Members must file a written objection by Dec. 29, 2017.

Who’s Eligible

The settlement Class covers all persons in the U.S. for whom Med-Stop does not have evidence of consent to send advertising faxes or with whom Med-Stop did not have an established business relationship, and to whom Med-Stop sent an advertising fax between June 13, 2013 and Sept. 11, 2017 that did not show a clear and conspicuous notice on its first page telling the recipient how they could opt-out of receiving future, similar faxes.

Potential Award

$40 voucher.

Class Members who submit valid and timely claims will receive a $40 voucher redeemable for services from Med-Stop. The vouchers are transferrable but are not redeemable for cash. They are good for one year from their effective date.

Proof of Purchase

No proof of purchase or other documentation is necessary, other than the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

3/9/2018

Case Name

Swinter Group Inc. v. Med-Stop Inc., et al., Case No. 1711-CC00572, in the Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles

Final Hearing

1/8/2018

Settlement Website

www.SwinterMedStopTCPA.com

Claims Administrator

Swinter-Med-Stop Settlement
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
1-888-755-9508
info@SwinterMedStopTCPA.com

Class Counsel

Ronald J. Eisenberg
SCHULTZ & ASSOCIATES LLP

Defense Counsel

David P. Stoeberl
CARMODY MACDONALD PC

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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