Komet USA Junk Fax Class Action Settlement

Parties to a fax spam class action lawsuit have reached a settlement that will benefit those who received unsolicited faxes from Komet USA.

The plaintiff in this case is Sunset Tower Family Dentistry, the dentistry practice of Missouri dentist Dr. Suzanne Degnen. Sunset Tower alleged that it received unsolicited advertisement faxes from defendant Komet USA, a manufacturer of dentistry equipment. The plaintiff alleged it never consented to receive such faxes from Komet USA and that it also had no preexisting business relationship with Komet USA that could make such faxes warranted.

The plaintiff also claimed these faxes did not contain a notice required by federal law that tells the recipient they can opt out of receiving such communications.

Under federal law, this notice must be clear and conspicuous. It must state that the sender is required to comply with such an opt-out within 30 days. It must also show both a phone number and fax number to which the recipient can send their opt-out request.

Komet USA continues to deny Sunset Tower’s allegations. The company says it has agreed to this TCPA class action settlement merely to avoid the expense and risks associated with further litigation. The company does not admit any liability, and no decision on liability has been made by the court.

Under terms of the Komet USA class action settlement, the defendant will create a settlement fund worth $400,870 to cover the cost of settlement benefits for Class Members. Each qualifying Class Member may receive a product voucher worth $90. The settlement also requires Komet USA to comply with federal telemarketing laws in the future.

Sunset Tower was able to take legal action over these unsolicited faxes thanks to a federal law called the Telephone Consumer Protection Act, or TCPA.

Generally, the TCPA prohibits anyone from using certain kinds of automated equipment to initiate communications via phone or fax, unless the person to whom the communication was directed has given prior express consent to receive such communications.

The TCPA allows the recipient to sue the sender of the unwanted communication. Phone calls, faxes, or even SMS text messages that violate the TCPA can put the sender on the hook for up to $1,500 in statutory damages for each violation.

Who’s Eligible

Class Members include all persons who, between Sept. 11, 2011 and March 6, 2017, subscribed to a telephone facsimile number and were sent a fax advertisement by or on behalf of Komet USA, and for whom one of these two other requirements is also true:

• The recipient did not give Komet USA prior express consent to receive such communications and did not have any established business relationship with Komet USA; or
• The fax advertisement did not display on its first page a notice that the recipient could opt-out of receiving such faxes, the phone number for receiving such opt-out requests, or the fax number for receiving such opt-out requests.

Potential Award

$90 (product voucher)

Pending the court’s final approval of the settlement, qualifying Class Members who submit a valid and timely claim will receive a product voucher worth $90.

Proof of Purchase

Other than the information requested in the Claim Form, no proof of purchase or other documentation need be submitted.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

9/8/2017

Case Name

Susan Degnen DMD PC v. Komet USA LLC, Case No. 1511-CC00766-01, in the Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles

Final Hearing

7/10/2017

Settlement Website

www.DegnenKometSettlement.com

Claims Administrator

Degnen-Komet Settlement
c/o Garden City Group LLC (GCG)
P.O. Box 10367
Dublin, OH 43017-5567

Class Counsel

Ronald J. Eisenberg
SCHULTZ & ASSOCIATES LLP

Class Counsel may be reached at (636) 733-6647

Defense Counsel

William P. Eiselstein
MILLER & MARTIN PLLC

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) or by a junk fax, you may be eligible for compensation under the Telephone Consumer Protection Act.

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