Smith Medical Unwanted Fax Ads Class Action Settlement

A $21 million class action settlement has been reached ending allegations that Smith Medical Partners sent unwanted advertising faxes in violation of federal law.

If you received fax ads from or on behalf of H. D. Smith LLC and/or Smith Medical Partners between Sept. 26, 2013 and Jan. 25, 2019, you could get nearly $500 from this class action settlement.

A Florida doctor alleged in a class action lawsuit that he and others received unsolicited advertisements by fax from the specialty pharmaceutical distributor that also provides third party logistical solutions to pharmaceutical manufacturers.

These “junk faxes” wasted recipients’ paper, ink, and toner, and monopolized the use of their fax machines, contended plaintiff Dr. Steven Arkin.

“Unsolicited faxes prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients’ fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message,” the class action lawsuit states.

The Smith Medical class action also alleged that the unwanted faxes violated Florida consumer protection laws and the Telephone Consumer Protection Act.

The law, also called the TCPA, protects consumers from unsolicited marketing from companies. The Act is known to protect consumers from telemarketing calls, but it also extends to facsimile transmissions, or faxes.

Under the TCPA, companies that send unwanted marketing via fax without prior permission can be subject to steep fines — up to $500 per communication.

Approximately 45,000 different fax numbers were used by Smith Medical to send unauthorized faxes, according to the class action settlement agreement.

To make a valid claim, Class Members must provide a completed Claim Form, including a Claim ID number and PIN Code provided on the notice. Consumers can expect to receive notice of the Smith Medical fax ads class action settlement by fax or postcard.

Those who wish to object to or exclude themselves from the Smith Medical fax ads class action settlement must do so by March 25, 2019.

Who’s Eligible

Class Members include those “who were sent, by or on behalf of H. D. Smith, LLC or Smith Medical Partners, LLC, one or more advertisements by facsimile from September 26, 2013 through January 25, 2019.”

Potential Award

Up to $493.32

Proof of Purchase

A Claim ID number and PIN number is required for filing a claim online.

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

03/26/2019

Case Name

Arkin v. Smith Medical Partners LLC, et al., Case No. 18CH000984, in the Circuit Court of the 19th Judicial District, Lake County, Illinois

Final Hearing

04/26/2019

Settlement Website

ArkinvSmithTCPASettlement.com

Claims Administrator

Arkin v Smith Medical Partners Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 404000
Louisville, KY 40233-4000
866-458-3788
[email protected]

Class Counsel

Brian J. Wanca
ANDERSON + WANCA

Defense Counsel

Martin W. Jaszczuk
JASZCZUK 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.

GET A FREE CASE EVALUATION NOW