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A $850,000 settlement has been reached to resolve claims that Versa Cardio violated federal law by sending junk faxes without opt out notices.
The settlement will benefit consumers who received unsolicited advertisements through a fax machine, computer, or other device from Versa Cardio LLC on or after June 1, 2014.
The Versa Cardio class action lawsuit was filed in April 2015 by plaintiff Dr. Robert Mauthe, a physician who allegedly received unsolicited faxes regarding the company’s products.
In August 2014, Dr. Mauthe says he received unwanted junk faxes regarding Versa Cardio’s cellular cardiac monitors. He argues that these advertisements did not include an opt out notice that told him how to stop receiving further advertisements.
Dr. Mauthe also alleged that Versa Cardio sent out similar junk faxes to medical offices across the United States, prompting him to file a class action lawsuit on behalf of himself and other medical professionals.
According to the class action lawsuit, Versa Cardio’s advertisement faxes were a violation of the Telephone Consumer Protection Act. The TCPA protects consumers from harassing behaviors in the form of phone calls, text messages, and faxes.
Dr. Mauthe claimed that, because Versa Cardio’s faxes were unsolicited and failed to include an opt out option, the company violated the TCPA.
Of the $850,000 settlement set aside to resolve Dr. Mauthe’s TCPA claims, 306,887 Class Members are estimated to receive $29 each. This amount is based on other fees that the settlement fund will be used for, including Class counsel payment, service awards, and administrative expenses.
Class counsel plans to ask for up to one third of the settlement fund in attorneys’ fees and court costs. Dr. Mauthe will receive a service award of up to $10,000 for his services as Class representative.
Class Members have until March 17, 2019 to object to the settlement or to ask to be excluded from it.
Who’s Eligible
Individuals or entities who received an unsolicited advertisement through a fax machine, computer, or other device from Versa Cardio LLC after June 1, 2014.
Potential Award
$29.
Proof of Purchase
Not required.
Claim Form
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
3/17/2019
Case Name
Mauthe v. Versa Cardio LLC, Case No. 5:16-cv-00570-JLS, in the U.S. District Court for the Eastern District of Pennsylvania
Final Hearing
6/21/2019
Settlement Website
Claims Administrator
VC TCPA Settlement Administrator
C/O A.B. Data Ltd.
P.O. Box 170500
Milwaukee, WI 53217
[email protected]
Fax: 414-961-7423
Class Counsel
Elizabeth Ryan
John Roddy
BAILEY & GLASSER LLP
Edward A. Broderick
Anthony I. Paronich
BRODERICK & PARONICH PC
Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE
Richard Shenkan
SHENKAN INJURY LAWYERS LLC
Defense Counsel
Andrew M. Schwartz
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
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
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5 thoughts onVersa Cardio Junk Fax Class Action Settlement
Thank you for your inquiry regarding the VC TCPA Settlement.
As an update, there is currently no known timeframe for distribution. Generally speaking in similar cases like this one it takes about a year from the claims filing deadline (which in this case is March 17, 2019) before distribution takes place. Sometimes it can be quicker. Sometimes it can take longer. It all depends on how long it takes to finish the processing and auditing.
For further inquiries, feel free to reply to this email, visit the settlement website at http://www.vctcpasettlement.com.
Regards,
Claims Administrator
How much are the checks? Something in mail today
My settlement check was for $49.44.
On June 24, 2019, the Court granted final approval of the Settlement. Settlement Class Members who have submitted a valid Claim Form will receive an equal share of the Settlement Fund after attorneys’ fees and expenses, the Class Representative’s service award, and the costs of notice and administration are deducted.
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