Impax Laboratories Fax Advertisements Class Action Settlement

Recipients of fax advertisements from Impax Laboratories may qualify for payments under the terms of a $4.8 million junk fax class action settlement.

According to plaintiff Family Medical Pharmacy LLC, defendant Impax Laboratories sent out a mass of unsolicited fax advertisements offering a less expensive alternative to the EpiPen epinephrine auto-injector. These faxes were allegedly sent to recipients who had not consented to receive such advertisements and with whom Impax Laboratories did not have an established business relationship.

Family Medical Pharmacy argued those faxes were sent in violation of the federal Telephone Consumer Protection Act, or TCPA. The TCPA places certain restrictions on advertisers who send unsolicited fax advertisements. These faxes must contain language explaining to the recipient what they can do to opt out of receiving similar faxes in the future.

The TCPA also restricts the use of automated telephone dialing systems to place unsolicited phone calls or send unsolicited SMS text messages.

Recipients of communications that violate the TCPA can bring a civil TCPA lawsuit against the sender. Each violation may put the sender on the hook for up to $1,500 in statutory damages.

After extensive negotiations, the parties agreed to this Impax Laboratories class action settlement in September 2017. Under terms of the settlement, Impax Laboratories will create a settlement fund worth $4,815,700. This fund will be used to pay an incentive award for Family Medical Pharmacy and class counsel’s attorney fees. Payments will then be distributed to qualifying Class Members who submit valid and timely claims.

Impax Laboratories will pay an additional $75,000 to cover the cost of settlement administration. Any costs over that amount will be paid from the settlement fund.

The settlement administrator has been provided with a list of fax numbers to which Impax Laboratories sent the faxes at issue, according to Impax’s records. Claimants can look up their own fax number on this list using the Fax Number Search on the settlement administrator’s website.

Class Members may submit claim forms online, by mail, or by fax. Class Members can exclude themselves from the settlement or object to its terms by filing a written request no later than Jan. 5, 2018.

Who’s Eligible

Class Members include all individuals and entities that received an unsolicited fax advertisement from Impax Laboratories between Dec. 1, 2013 and Sept. 29, 2017 (the date the court granted preliminary settlement approval). Class Members are estimated to number over 48,000.

Potential Award

Up to $500 per fax.

Qualifying Class Members who submit valid and timely claims may receive a pro rata share of the settlement fund, not to exceed $500 per fax. Actual payment amounts will be determined in part by the number of claims received and the number of faxes that qualify for compensation.

Proof of Purchase

Among other information, Class Members must provide the fax number at which they received an unsolicited fax from Impax Laboratories. Class Members claiming other faxes in addition to those reflected in Impax Laboratories’ records must submit a copy of those faxes.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

1/5/2018

Case Name

Family Medicine Pharmacy LLC v. Impax Laboratories Inc., Case No. 1:17-cv-00053, in the U.S. District Court for the Southern District of Alabama

Final Hearing

3/6/2018

UPDATE: The Impax Laboratories Fax Advertisements Class Action Settlement was granted final approval by the court on March 6, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.FMPvImpaxSettlement.com

Claims Administrator

FMP v. Impax Laboratories Settlement Administrator
c/o JND Class Action Administration
PO Box 6998
Broomfield, CO 80021
Phone: 1-844-853-3428
Fax: 1-866-249-8783
[email protected]

Class Counsel

Diandra S. Debrosse-Zimmermann
ZARZAUR MUJUMDAR & DEBROSSE

James H. McFerrin
McFERRIN LAW FIRM LLC

Defense Counsel

S. Stewart Haskins II
Zachary A. McEntyre
Anush Emelianova
KING & SPALDING 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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