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A class action lawsuit that alleged Zimmer Dental violated the Telephone Consumer Protection Act (TCPA) has reached a settlement in the amount of $1.6 million (minimum) in an effort to resolve claims.
Plaintiff Suzanne Dengen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry accused Zimmer of sending unsolicited advertisements by fax without having received prior consent, in violation of the TCPA.
The TCPA, among other protections, prohibits entities from sending unsolicited advertisement via faxes, also known as a “junk fax,” to individuals or business. Penalties for a violation be issued for up to $1,500 per fax for “willful violation” at the discretion of the court.
Zimmer Dental has denied any wrongdoing and has agreed to settle the class action lawsuit in order to avoid the expense of further litigation. The settlement does not represent an admission of liability, and both sides agreed to a mutually beneficial solution.
Individuals wishing to exclude themselves from the settlement or file an objection to the settlement terms must do so no later than Feb. 29, 2016.
UPDATE: On May 19, 2016, Top Class Actions readers who submitted a valid claim for the Zimmer Dental TCPA class action settlement started receiving checks worth as much as $975.87.
Who’s Eligible
According to legal documents, the Settlement class is defined as follows:
All persons who:
- on or after February 17, 2011 through November 24, 2015,
- were sent a telephone facsimile message of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants,
- with respect to whom Defendants cannot provide evidence of prior express permission or invitation for the sending of such faxes,
- with whom Defendants does not have an established business relationship,
- which did not state that the recipient may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply, within 30 days, with such a request meeting the requirements under 47 C.F.R. § 64.1200(a)(4)(v) is unlawful, or
- which did not include a facsimile number for the recipient to send an opt-out request.
Potential Award
Up to $1,500 per claim or per fax.
For eligible claimants, the settlement benefits will either be “(a) $100, per claim, which may be increased pro rata up to $1,500 per claim, or (b) $100 per fax, which may be increased pro rata up to $1,500 per fax, depending on the option selected by the Class member on the Claim Form.”
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
02/29/2016
Case Name
Suzanne Degnen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry v. Zimmer Dental Inc., et al., Case No. 4:15-cv-01103-RLW, in the U.S. District Court for the Eastern District of Missouri.
Final Hearing
04/14/2016
Settlement Website
Claims Administrator
Kurtzman Carson Consultants
Zimmer Dental TCPA Administrator
P.O. Box 43398
Providence, RI 02940-3398
Class Counsel
Ronald J. Eisenberg
Mary B. Schultz
Robert Schultz
SCHULTZ & ASSOCIATES LLP
Defense Counsel
David S. Almeida
SHEPPARD MILLIN RICHTER & HAMOTOM LLP
Jonathan H. Garside
FOX GALVIN, LLC
Join a Free TCPA Class Action Lawsuit Investigation
If you received an unsolicited advertisement (“junk fax”) that was sent to your fax machine without your prior permission, you may be eligible for compensation under the Telephone Consumer Protection Act. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.
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70 thoughts onZimmer Dental TCPA Class Action Settlement
We think the attormeys should do their jobs and not try to be the JUDGE>>> THis is a federal case and the judge decides whose claim is valid … Attorneys should LISTEN TO THE JUDGE TOO MARCO
To administrator if I put a claim in don’t I get a letter OR a Check? Marco
I want my payment give us a working phone number MARCO
wHY DO YOU MAKE THINGS SO DIFFICULT WE HAVE CLAIM NUMBER NO ONE ANSWERS PHONE
I used to be a dental assistant and one time gave a good looking patient some oral favors. He later took me out to an expensive dinner and bought me a gold bracelet.
No check in Illinois yet..
I received 2 checks both dated May 2nd, 2016 from another claim and I received them both on Monday, May 23rd. So since these checks were mailed on May 16th …. I believe a check will come from Zimmerman Dental !
You do that, keep dreaming. These people on the other hand are being real STRICT. Sounds like only Dentist offices are being paid.