American Chemicals & Equipment Unsolicited Fax Class Action Settlement

American Chemicals & Equipment has agreed to pay $1.5 million to resolve two proposed class action lawsuits that allege the company sent unsolicited fax advertisements, in violation of the Telephone Consumer Protection Act and state law.

Plaintiff ABC Bartending School of Miami Inc. initially filed the proposed class action lawsuit against American Chemicals & Equipment d/b/a “Gorilla Glides” and “American Osment” among others in August 2015, over allegations of sending junk faxes in violation of the TCPA.

The complaint was later amended to name Steven Mote as an additional defendant.

In June 2016, plaintiff Bais Yaakov filed a similar class action lawsuit against American Chemicals & Equipment d/b/a “American Osment” and “StockUp.com”.

The unsolicited fax transmissions reportedly advertised Gorilla Glides floor protection products and Stockup.com office supply products.

The TCPA generally prohibits sending unsolicited fax advertisements. Under the Junk Fax provision of the law, businesses are not allowed to send junk faxes unless they have permission or have an established business relationship with the fax recipient and were voluntarily provided with the fax number.

Additionally, all fax advertisements must include a notice and contact information on the first page of the fax that allows recipients to “opt out” of future faxes. The opt-out information must be easy to find, and include a cost-free way to submit the opt out request to the sender.

Under the terms of the American Chemicals & Equipment unsolicited fax class action settlement, participating Class Members who submit a valid and timely Claim Form could receive payment of up to $500 for each unsolicited fax advertisement.

The $1.55 million settlement amount will also be used to pay plaintiffs’ attorneys’ fees, not to exceed one-third of the settlement amount, plus expenses, as well as the Class representatives’ incentive awards for their efforts, not to exceed $15,000 and $10,000, respectively, and the claim administrator’s fees and expenses.

If there is any money left after the maximum amount of permissible payments is made under the settlement, that money will be returned to the defendants.

The defendants deny that they did anything wrong.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Mar. 7, 2017.

Who’s Eligible

“All persons or legal entities in the United States who, during the Class Period, owned, used, subscribed to, or controlled any fax number(s) on the Facsimile List, and who received a facsimile advertisement from or on behalf of Defendants American Chemicals & Equipment, Inc., including its subsidiaries, affiliates, and d/b/a’s and/or Steven K. Mote, including but not limited to facsimile advertisements promoting (1) ‘Gorilla Glides’, ‘www.GorillaGlides.com’, and offering ‘Gorilla Glides’ floor protection products, and/or (2) ‘StockUp.com’, and offering office supply products.”

If you are not sure whether you are a Class Member eligible to receive compensation in the settlement, you can call the claims administrator toll free at 1-844-702-2780.

Potential Award

$500 per fax.

Each Class Member who submits a valid and timely Claim Form will receive a payment based on:

• The number of fax advertisements you received during the applicable time period and still possess, and/or
• The number of fax advertisements you certify under penalty of perjury that you have received but no longer possess.

More specifically, if you submit a valid Claim Form and copies of the fax advertisements you actually received during the applicable time period, you will be eligible for a payment of up to $500 for each such fax advertisement.

If you do not have any of the fax advertisements you received, you may still submit a Claim Form stating under penalty of perjury the specific number of fax advertisements you received but no longer possess.

For those fax advertisements without copies, payment will be initially calculated as follows:

• 1 fax advertisement = up to $150
• 2 fax advertisements = up to $200
• 3 fax advertisements = up to $250
• 4 fax advertisements = up to $300
• 5 or more fax advertisements = up to $325

You may submit a Claim Form irrespective of whether you produce copies of all, some, or none of the fax advertisements your claim is based on.

The number of valid claims varies widely from case to case. If a large number of valid claims is submitted, you could receive less money, as the amount remaining in the settlement fund would be distributed on a pro rata basis.

Proof of Purchase

To be eligible for a payment of up to $500 for each fax advertisement, claimants must submit copies of the faxes along with their Claim Form. The copies must include the “header” at the top of the fax indicating the fax number to which the fax was sent.

Note: You may submit a Claim Form irrespective of whether you produce copies of all, some, or none of the fax advertisements your claim is based on.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

3/7/2017

Case Name

ABC Bartending School of Miami Inc. v. American Chemicals & Equipment Inc. and Steven Mote, Case No. 15-cv-23142-KMW and Bais Yaakov of Spring Valley v. American Chemicals & Equipment Inc., Case No. 16-cv-24705-KMW, in the U.S. District Court for the Southern District of Florida

Final Hearing

4/6/2017

Settlement Website

www.AmericanChemicalsSettlement.com

Claims Administrator

ABC Bartending School of Miami Inc. v. American Chemicals & Equipment Inc.
c/o Heffler Claims Group
PO Box 58487
Philadelphia, PA 19102-8487
1-844-702-2780

Class Counsel

Eric A. Hernandez
Jermaine E. Lee
Arturo Martinez
WALLEN HERNANDEZ LEE MARTINEZ LLP

Aytan Y. Bellin
BELLIN & ASSOCIATES LLC

Defense Counsel

Ana Tagvoryan
Paul J. Sodhi
BLANK ROME LLP

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