Junk Fax Class Action Lawsuit Reaches $9.3M Settlement

A junk fax class action lawsuit has reached its end recently when a federal judge approved a settlement worth almost $9.3 million.

Jefferson Radiation Oncology LLC, a Louisiana-based radiation treatment center, has accused Advanced Care Scripts, Inc., a medical company, of sending multiple unwanted faxes to them as part of a nationwide massive junk fax campaign.

According to this junk fax class action lawsuit, Advanced Care violated the Telephone Consumer Protection Act (TCPA).

Jefferson Radiation alleges that Advanced Care has sent thousands of faxes nationwide since 2011 promoting medications and services.

They claim that Advanced Care and its vendors including WestFax did not offer an opt-out option.

In April 2015, Jefferson Radiation launched its junk fax class action lawsuit regarding the unsolicited faxes and amended its complaint in August of that year.

Junk Fax Class Action Lawsuit Ropes In Telemarketing Contractor

Advanced Care, in August 2015, began a third-party complaint against WestFax Inc. which is the company responsible for sending the alleged faxes.

Advanced Care claimed that WestFax stated on several occasions that the advertising faxes offered the mandated opt-out language.

Because of this, Advanced Care claims, WestFax should be responsible for the TCPA violation.

In WestFax’s response to this complaint, the faxing company indicated that Advanced Care’s claims were only based on Jefferson Radiation’s claims and that Advanced Care had no real claim of its own.

WestFax said that Advanced Care should shoulder the blame for the alleged TCPA violation.

In May, WestFax contested a deal worked out between Advanced Care and Jefferson Radiation, stating that the companies did not include WestFax in the decision making process.

They claimed that deal could be prejudiced if Advanced Care shifted the blame to WestFax.

However, according to this junk fax class action lawsuit, the oncology center argued that WestFax wasn’t present during the whole proceeding and therefore, its complaint should be ignored.

Advanced Care said the same thing and added that WestFax was not a class member so it cannot contest the settlement.

U.S. Federal Judge Lance M. Africk gave his final approval to the $9.25 million deal in this junk fax class action lawsuit recently. He stated that the deal should be finalized because there had been a fair and successful class notification period with no objections from 24,000 potential Class Members.

Potential Class Members are those who have received a fax from Advanced Care or WestFax between April 2011 and February 2016 that promoted services without offering an opt-out notice.

The $9.25 million deal includes $1.9 million in attorneys’ fees, $24,000 in legal expenses, and $20,000 paid to Jefferson Radiation as a class leader. These will all be deducted from the settlement fund before it goes to class members.

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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