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A $750,000 telemarketing class action settlement will benefit those who received junk faxes from FleetOne.
Plaintiff Swinter Group Inc. filed this action in August 2016. The company claimed it received unsolicited fax advertisements from defendant FleetOne LLC without having consented to receive such communications from FleetOne. Swifter Group also claimed the faxes did not contain the opt-out language required by federal law.
Swinter Group’s claims are governed by the Telephone Consumer Protection Act, a federal law that restricts telemarketing.
Under the TCPA, persons who send fax advertisements must first get prior express consent from the recipient. Protections from telemarketing under the TCPA also extend to phone calls placed to land lines and mobile phones and to SMS text messages. Fax advertisements must include a notice telling the recipient how they can opt out of receiving similar faxes in the future.
Each communication sent in violation of the TCPA can subject the sender to $500 to $1,500 in statutory damages.
FleetOne insists it has complied with the TCPA at all times and continues to deny Swinter Group’s claims. FleetOne says it agreed to this TCPA class action settlement in the interest of avoiding the risk and expense involved in prolonging the litigation.
Under terms of the TCPA class action settlement, FleetOne will pay $750,000 to create a settlement fund. This fund will be distributed among qualifying Class Members who submit valid and timely claims after it is first used to cover an incentive award for Swinter Group, class counsel’s attorney fees, and the costs of administering the settlement.
To ensure that each qualifying claimant gets their minimum payment, FleetOne has agreed to increase its contribution to the settlement fund as needed up to a maximum of $1,060,000.
FleetOne has also agreed to ensure that its future fax advertisements comply with the TCPA. Future faxes from FleetOne must contain a TCPA-compliant opt-out notice.
Class Members who want to exclude themselves from the settlement or object to its terms must submit a written request by Jan. 4, 2018.
Who’s Eligible
Class Members qualified to make a claim are all U.S. residents who between Aug. 12, 2012 and Oct. 6, 2017:
- were sent an advertising fax by or on behalf of FleetOne;
- for whom FleetOne can’t provide evidence of prior consent to receive such faxes; and
- either did not have an established business relationship with FleetOne or whose received fax did not contain the opt-out notice required by federal regulations.
Potential Award
Up to $1,500.
The claims administrator says individual payments to qualifying Class Members who submit valid and timely claims will be a minimum of $33.28 and could reach as high as $1,500.
Proof of Purchase
Claimants must submit a Claim Number, Control Number, and Verification Code, available on their notice postcard. Claimants may need to submit an IRS Form W-9 if the amount of each settlement payment exceeds $600.
Claim Form
NOTE:Â 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
3/20/2018
Case Name
Swinter Group Inc. v. Fleetone LLC, Case No. 1611-CC00730-01, in the Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles
Final Hearing
1/19/2018
Settlement Website
Claims Administrator
Swinter v. FleetOne
c/o GCG
P.O. Box 9349
Dublin, OH 43017-4249
1-888-648-8405
Class Counsel
Ronald J. Eisenberg
SCHULTZ & ASSOCIATES LLP
Defense Counsel
James F. Bogan III
KILPATRICK TOWNSEND & STOCKTON 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.
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3 thoughts onFleetOne Junk Fax Class Action Settlement
The link is not working
I could not down load the claim form,when I called to request a claim form be mailed to me,i was told my fax number wasn’t on their list,i ask what list are you referring to,defantants didn’t know who they called them selves,so how would you all have a list,when they are the ones being sued don’t.they have start lying already,before this settlement is off the ground.it is beginning to make me want to stop filing,due to the lawyers are so dam crocket.
Doesn’t matter you have to have a claim number.