Anne Bucher  |  November 28, 2016

Category: Closed Class Actions

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fax spam class action lawsuit

A settlement has been reached in a class action lawsuit accusing Trxade Group Inc. and Westminster Pharmaceuticals LLC of violating the Telephone Consumer Protection Act by sending fax advertisements without the prior express consent of the recipients.

If you did not have an established relationship with Trxade Group Inc. and Westminster Pharmacy but you received one or more faxed advertisements or solicitations between Jan. 1, 2012 and Nov. 4, 2016, you may be entitled to payment from the TCPA class action settlement.

According to the fax spam class action lawsuit, Trxade Group and Westminster Pharmacy sent faxed advertisements that did not contain the opt-out notice required by the TCPA.

In addition, plaintiff Family Medicine Pharmacy LLC asserts that the faxed advertisements were sent to recipients without their consent.

The Telephone Consumer Protection Act is a federal law that prevents solicitors from making robocalls, unsolicited text messages or sending unsolicited fax advertisements to consumers without their consent. The TCPA requires companies that send faxed advertisements to include an option to opt out of receiving future fax spam.

Companies found to be in violation of the TCPA may be liable for damages between $500 and $1,000 per violation.

The defendants deny any wrongdoing but agreed to settle the TCPA class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

The Trxade Group TCPA settlement was preliminarily approved on Nov. 4, 2016.

If you would like to opt out of or object to the fax spam class action settlement, you must do so no later than Jan. 17, 2017.

Who’s Eligible

Class Members of the Trxade Group TCPA settlement include: “Any and all individuals and/or entities who did not have an established business relationship with Trxade Group, Inc. and Westminster Pharmaceuticals, LLC located in any state, district, or territory in the United States that received one or more advertisements or solicitations via facsimile from Defendants during the Class Period.”

Under the terms of the TCPA class action settlement, the Class Period is Jan. 1, 2012 through Nov. 4, 2016.

Potential Award

Up to $1,000. Checks will be distributed on a pro rata basis depending on the number of Class Members who submit timely and valid claims.

Proof of Purchase

N/A. Claimants must assert under the penalty of perjury that they meet the definition of a Class Member for this fax spam settlement.

Claim Form Deadline

1/17/2017

Case Name

Family Medicine Pharmacy LLC v. Trxade Group Inc. and Westminster Pharmaceuticals LLC, Case No. 1:15-cv-00590-KD-B, in the U.S. District Court for the Southern District of Alabama

Final Hearing

2/21/2017

UPDATE: The Trxade Group Spam settlement received final approval from the court on March 17, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.TXDTCPASettle.com

Claims Administrator

Family Medicine Pharmacy v. Trxade Group Claims Administrator
c/o JND Class Action Administration
P.O. Box 6878
Broomfield, CO 80021
1-844-581-8810

Class Counsel

Diandra “Fu” Debrosse Zimmermann
ZARZAUR MUJUMDAR DEBROSSE – TRIAL LAWYERS

Jim McFerrin
MCFERRIN LAW FIRM LLC

Defense Counsel

Paul Thanasides
MCINTYRE THANASIDES BRINGGOLD ELLIOT GRIMALDI & GUITO PA

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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24 thoughts onTrxade Group Fax Spam Class Action Settlement

  1. Dwayne says:

    I see online it saids payment by Spring 2017 its almost the start of summer does any one know more about this?

    1. Top Class Actions says:

      We have not had any viewers post that they have received their settlement checks. You can contact the settlement administrator to inquire about the status of your claim. The settlement website has a “Contact Us” section with a form you can fill out and submit. We will let our viewers know as soon as we learn that checks are in the mail.

      1. Dwayne says:

        Thank you for the reply TCA

    2. John C. says:

      Have their been updates?

  2. Top Class Actions says:

    UPDATE: The Trxade Group Spam settlement received final approval from the court on March 17, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

  3. Lost says:

    Spring 2017 Benefit Mailing Anticipated date the Claims Administrator will mail benefit checks if the Settlement receives final approval.

    1. Found says:

      That is what it says but that was assuming it received final approval on February 21 but it has not yet received final approval.

      1. Top Class Actions says:

        The settlement received final approval in March, and there were no appeals filed. There were only 430 approved claims. Claims are supposed to be paid within 30 days of the Effective Date, which was around April 20, 2017. You should contact the settlement administrator with any questions about the status of your claim.

        1. Found says:

          Thanks for the update TCA. I admit I was wrong. They have not posted the final approval order documents on the website which is why I thought it hadn’t been approved yet.

  4. Dwayne says:

    has there been final approval has been 30 pass 2/21/2017

  5. S. J. says:

    Go to the actual settlement website.

  6. Jane says:

    I getting the following message:

    You have entered an invalid EasyClaim address.

    Please refer to the Notice you received for the correct website URL.

  7. Jen says:

    Link doesn’t work

    1. Top Class Actions says:

      We’ve been able to access the settlement website without issue. If you have issues submitting a claim, you should contact the settlement administrator. Good luck!

  8. Richard P. says:

    Go through the website and click submit claim. Works that way.

  9. Carlos says:

    Admin your link is a dead link.
    Please click on it and check it.

    1. Top Class Actions says:

      From what we can tell, the links in the article will take viewers to the settlement website. If you are having trouble submitting a claim through the settlement website, you may need to contact the settlement administrator. Good Luck!

  10. PATRICIA W SKAGGS says:

    I get the following msg for the following class action:
    Trxade Group Fax Spam Class Action Settlement

    You have entered an invalid EasyClaim address.

    Please refer to the Notice you received for the correct website URL.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.