Anne Bucher  |  April 20, 2017

Category: Closed Class Actions

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Roche TCPA settlement

A settlement has been reached in a class action lawsuit alleging Roche Diagnostics Corp. violated the Telephone Consumer Protection Act and the Indiana Deceptive Consumer Sales Act by sending unsolicited fax advertisements.

Pharmacies that received one or more fax advertisements from Roche between April 11, 2012 and March 17, 2017 regarding the availability or quality of its property, goods or services may be entitled to compensation from the TCPA class action settlement.

The TCPA class action lawsuit was filed against Roche in April 2016 by plaintiff Econo-Med Pharmacy Inc. Econo-Med alleged Roche violated the TCPA and IDCSA by sending unsolicited fax advertisements without providing an opt-out notice as required by law.

“Junk faxes disrupt recipients’ peace, drain recipients’ paper, ink and toner, and cause recipients tangible damages,” Econo-Med alleged in the Roche TCPA class action lawsuit. “Junk faxes also cause recipients to waste valuable time retrieving and discerning the purpose of the faxes; prevent fax machines from receiving and sending authorized faxes; and cause undue wear and tear on recipients’ fax machines.”

Econo-Med says that its ability to use its fax machine to receive communications about patients is impeded when it receives junk faxes from companies such as Roche.

Roche denies that it violated the law or did anything wrong. However, the company has agreed to settle the TCPA junk fax class action lawsuit to avoid the burden and expense of ongoing litigation. Roche has agreed to pay $17 million to end the litigation.

The Roche junk fax class action settlement was preliminarily approved on March 17, 2017.

Class Members who wish to opt out of or object to the Roche TCPA settlement must do so no later than July 17, 2017.

Who’s Eligible

You are a Class Member of the Roche TCPA settlement if Roche’s records show that it transmitted at least one fax to you during the period of April 11, 2012 through March 17, 2017 regarding the availability or quality of its property, goods or services.

Potential Award

At least $500 (estimated). Payments will be distributed on a pro rata basis and will be determined based on the total number of timely and valid claims filed. Actual payments may be more or less than the estimated amount.

Proof of Purchase

N/A. Class Members must provide the number at which the Roche fax was received. This fax number will be used to verify your claim.

Claim Form Deadline

7/17/2017

Case Name

Econo-Med Pharmacy v. Roche Diagnostics Corp., Case No. 1:16-cv-00789-TWP-MPB, in the U.S. District Court for the Southern District of Indiana

Final Hearing

9/20/2017

UPDATE: The Roche Diagnostics Junk Fax TCPA settlement was granted final approval on September 21, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On Dec. 31, 2018, Top Class Actions viewers are starting to receive checks from a Roche Diagnostics junk fax class action settlement worth as much as $1,223.44.

Settlement Website
Claims Administrator

Roche Claims Administrator
KCC LLC
P.O. Box 43034
Providence RI 02940-3034
1-844-660-2220

Class Counsel

COHEN & MALAD LLP
CARNEY BATES & PULLIAM PLLC

Defense Counsel

Eric Bosset
COVINGTON & BURLING LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you were sent an unsolicited fax advertisement or were contacted on your cell phone by a company using a prerecorded voice message, you may be eligible for compensation under the Telephone Consumer Protection Act.

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190 thoughts onRoche Diagnostics Junk Fax Class Action Settlement

  1. Hmmm says:

    To: “Mr B.””

    I bet the “B” stands for ‘braindead’.

  2. Pharmacist says:

    Our RX received the check a month ago. It was made payable to our business, not an individual or agent.

    Wondering if all the people who are desperately working are employees or the business owner?

    We did have a verification process, originally our lead tech had filed the claim. That held up the process a bit for us on our end.

    1. Sam says:

      Hi..can u tell us how much the payment was? Thank u

    2. Arnold says:

      Interesting my pharmacy hasn’t…are you a larger corp. Or small family owned like mine? And we did the verification which was w9, tax id or owner social…nothing special to it simple form after filing over a year prior. Thank you

      1. Sam says:

        Ya im not buying any story that anyone received a check yet..those people are just trolls.

        1. Arnold says:

          Agree with you on that. I’ve contacted the administrators before and completed the same paperwork as owners, large corps, or individuals– it’s all the same form. I’m a small family owned and I don’t care who else gets a check (individual or company) as long as I get mine. If anyone gets a check posting it would be helpful for all.

          1. Rx gal says:

            Our pharmacy in Washington received ours. We area small chaingrocer. The check went to our flagship store. The verification process was the w-9 as well as other documents from the pharmacy that was requested.

  3. Mr.B says:

    Has there been any updates.

    1. Samantha says:

      Have you called them lately?

      1. Mr.B says:

        Not lately

        1. Hmm says:

          Hey mr. B why dont you try calling or emailing them instead of asking every day

    2. Minde says:

      Has there been any updates?

    3. Silly Questions says:

      Hey Mr. B.. have there been any updates??

  4. Mr.B says:

    Any updates yet

  5. mrs Jones says:

    Mrs jones
    I, haven’t received anything yet.

    1. Matthew says:

      Yeah, uh huh. Sure you have.

  6. Mr.B says:

    Any updates.

    1. curious says:

      up dates anyone?

      1. honest says:

        never comment on fake comments,all true commenters know a lie when we hear it,that is what he/she wants you to do.ignore and keep it going.i was told this wk that it will be sometime in December which I think is truly sad

    2. Confused says:

      Any updates yet?

    3. curious says:

      hey sally,

      glad to know someone recvd their check,if you don’t mind,would you post a picture of check on fb,but of course not your personal info.Thanks

    4. DEb says:

      So only 1 person received a check already? That doesn’t make any sense

      1. Hmm says:

        ‘Sally’is always making up lies..nobody got their check yet!

    5. Deb says:

      Why do u have to lie and make stuff up? Really pathetic and sad

      1. Matthew says:

        She just wants attention. Maybe she’s mentally unstable.

  7. Mindie says:

    I called just now. The lady on the phone stated they had a certain timeline to get all the W-9 forms in. They are now verifying all of them and are still looking at a few more months before checks will be distributed.

    1. Jamie says:

      this is sad as it gets.

    2. Dee says:

      I don’t believe them anymore…they told me the same exact words 3 months ago, 2 months ago and 1 month ago…i sent my w9 in may…they are just making time

    3. Odess says:

      Did anyone find out how many claims was filed? I think we’re all will be blown away when we find how few business that filed.

      1. Annoyed says:

        Totally agree with you…the lawyer told me “she couldn’t recall ” typical lying lawyer. Only way to find out is PACER

    4. Hmm says:

      Sounds like they are just reading from a script here…i guess when the checks get here they get here.

    5. Annoyed says:

      Sounds like they are BS’ing….they told you that they had a “certain timeframe to verify w-9’s” …well, w9’s were sent out March thru May of this year. The forms were computer generated (most likely taken from their records of all the class members) if you read the court docs from march 2017 and sept. 2017, and agreement all of this info had to be investigated and researched prior to the final hearing in sept 2017 as all class members had to be listed as exhibit a, b, c etc….after the final hearing was approved in sept 2017 and legal ppl got their cut, administrator and all fees deducted (no appeals made-which weren’t) they should have cut our checks 10 days after the date. They also should have had our checks amounts determined after all administrator and attorney fees, costs etc were deducted…the court agreement also states that the administrator received a 75k up front advance last year well prior to the final hearing in sept 2017…amazing how they know exactly how much they all take and get and yet all claims are still waiting without even an honest answer!!!

    6. Odess says:

      talk to lawyer today,we all know her answer was still processing w-9 forms,asked how many claim?was stated a little over 50 thousands claim,i asked did she think payments will go out before Christmas,she stated hopefully.I notice none of her answers was direct.she did say claims was sent to another law firm.To be completely honest with you all I didn’t believe her.you can always tell a lie when you here it.all I know is that we continue to call,and every number we find in their doc. start calling.good luck,if anyone else revd info please share

      1. Dee says:

        Great info you were able to obtain…i also found some court doc info in PACER and discovered walmart, wegman’s and safeway corps. Claimed. That’s a little over 16 to 17 thousand locations in usa alone between all three of them. Not sure yet how many other big corps claimed. But I think the large corps make one single claim including the number of locations each in total so I’m not sure how many smaller pharmacies or mom & pop’s remain. It’s our smaller company claims that would take some time with reviewing w9’s etc…but they have had 6 months already.

  8. Dee says:

    Everyone really needs to call instead of asking here over and over again…it is the only way to push them to release the funds that they are holding onto for a year to make money off the interest…. according to the court docs we should have gotten checks long ago and this firm/administrator is not complying with that agreement. We need to push them or we will be waiting months more

    1. Kath Rodriguez says:

      What number are you calling?

  9. Katerin Rochet says:

    Any updates??

    1. James J says:

      501-312-8500
      Carney Bates & Pulliam, PLLC

  10. Hmm says:

    Its a new month people..cross your fingers!

    1. Jordan says:

      I hope we lease get a update this month,if there’s any new updates or emails please share.Thanks

      1. James J says:

        Call the number below.. that is the only way to put pressure on them.

        1. Katerin Rochet says:

          What number did you call?

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