B.E. Atlas Fax Advertisements Class Action Settlement

B.E. Atlas Company has agreed to pay $600,000 to settle a class action lawsuit alleging it violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited fax advertisements that fail to comply with the law’s opt-out notice requirements.

If you were sent a fax by B.E. Atlas, you may be eligible for compensation from the TCPA class action settlement.

The TCPA is a federal law that allows consumers who have received fax advertisements that do not comply with the law’s requirements to recover either actual damages or statutory damages of $500 per violation. This amount may be increased to $1,500 per violation if the sender of the fax is found to have willfully violated the TCPA.

Plaintiff Craftwood Lumber Company filed the fax spam class action lawsuit alleging B.E. Atlas implemented an “illegal junk fax advertising program” to promote the sales of its property, goods and services. Craftwood claims that B.E. Atlas transmitted the faxes without obtaining the fax recipeints’ prior express consent, in violation of the TCPA. Further, the unsolicited faxes sent by B.E. Atlas allegedly failed to comply with the opt-out notice requirements of the TCPA.

B.E. Atlas denies that it violated the TCPA but agreed to settle the fax spam class action lawsuit to avoid the cost and risk of ongoing litigation. The B.E. Atlas class action settlement was preliminarily approved on Oct. 3, 2017.

If you would like to opt out of the B.E. Atlas class action settlement, you must do so no later than Jan. 5, 2018. The deadline to object to the TCPA class action settlement is Feb. 9, 2018.

Who’s Eligible

Class Members of the B.E. Atlas TCPA settlement include all subscribers of fax number to which there was a successful transmission of at least one fax sent on behalf of B.E. Atlas in one or more of the fax broadcasts transmitted by WestFax Inc.:

• BFX-36546465 on 9/9/2013
• BFX-23991200 on 3/10/2014
• BFX-47589668 on 6/2/2014
• BFX-51651780 on 9/8/2014
• BFX-56155221 on 12/18/2014
• BFX-58774115 on 2/16/2015
• BFX-60293977 on 3/18/2015
• BFX-63857784 on 6/1/2015
• BFX-68778809 on 9/15/2015
• BFX-76359603 on 3/8/2016
• BFX-80142887 on 6/16/2016

Potential Award

To be determined.

The amount each Class Member is eligible to receive depends on the total number of faxes that were sent to their fax number in relation to the total number of faxes sent to all Class Members.

Proof of Purchase

N/A. Class Members do not need to submit proof that they received faxes in order to receive compensation from the TCPA class action settlement.

Class Member Information Form

CLASS MEMBER INFORMATION FORM (PDF) »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

N/A. Class Members who do not opt out of the B.E. Atlas fax spam settlement will automatically be mailed a check for the faxes sent to their fax numbers, according to the information in B.E. Atlas’s records.

If you need to update your information, you must do so no later than March 27, 2018.

Case Name

Craftwood Lumber Company, et al. v. B.E. Atlas Company, et al., Case No. 1:16-cv-07865, in the U.S District Court for the Northern District of Illinois, Eastern Division

Final Hearing

3/27/2018

UPDATE: The B.E. Atlas Fax Advertisements Class Action Settlement was granted final approval on March 30, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.BEAtlasSettlement.com

Claims Administrator

B.E. Atlas Settlement Administrator
Kurtzman Carson Consultants
P.O. Box 404000
Louisville, KY 40233-4000
866-860-8927

Class Counsel

C. Darryl Cordero
Scott O. Luskin
PAYNE & FEARS LLP

Charles R. Watkins
GUIN STOKES & EVANS LLC

Defense Counsel

Bart T. Murphy
ICE MILLER 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.

GET A FREE CASE EVALUATION NOW