Vet Products Co. Agrees to $6.75M Unwanted Fax Class Action Settlement

Heska Corporation, a veterinary products company, will settle an unwanted fax class action lawsuit for $6.75 million.

The deal was struck on Monday in Illinois federal court, and will resolve claims from people who said that the faxes were sent in violation of the Telephone Consumer Protection Act (TPCA), which protects individuals from receiving spam telemarketing phone calls, texts, and faxes.

In the settlement agreement, Heska admitted to having sent almost 360,000 unwanted fax messages over the course of more than three years, advertising their products and services.

These advertising faxes were allegedly sent to more than 21,000 fax numbers whose recipients had not signed up for or consented to receive faxes from the company.

A representative for the Class of fax recipients told Law360 that the settlement is “very good for the class.” He did not note how many people are in the Class of affected individuals, but did say that every Class Member should be able to receive more than $200 from the $6.75 million settlement.

Lead plaintiff Shaun Fauley first filed the spam fax class action lawsuit against Heska in 2015. For his role as lead plaintiff, he will receive a $15,000 award. Class counsel will receive $2.25 million, or a third of the settlement amount. 

The settlement negotiations between Fauley and Heska were led by retired U.S. District Judge James Holderman.

Neither Heska nor Fauley oppose the settlement. However, U.S. District Judge Jorge L. Alonso must still grant approval of the settlement deal to finalize it.

Per the terms of the settlement agreement, any settlement checks that are uncashed in the next three months will be donated to Canine Companions for Independence, a charity that provides people with disabilities with assistance dogs.

In his TCPA fax class action lawsuit, Fauley argued that Heska Corp. violated the TCPA, which protects individuals from receiving unwanted texts, phone calls, and faxes from businesses.

The TCPA prohibits businesses from sending texts, calls, and faxes without first receiving the consent of the people receiving the communications.

Allegedly, Heska did not obtain permission before sending the faxes to more than 21,000 fax numbers.

Fauley claimed that he was injured by Heska’s faxes because he and other Class Members were required to use paper, toner, and time to receive the faxes.

Additionally, he says that their phones and faxes were taken up with the unwanted faxes, and as a result, were not available for other use.

The settlement deal follows a determination in 2017 made by a Colorado federal judge that Heska’s insurer was not required to cover Heska’s fines incurred in the TCPA fax class action lawsuit.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Shaun Fauley and the Class of fax recipients are represented by Brian J. Wanca, Ryan M. Kelly, Glenn L. Hara, Wallace C. Solberg and by Ross M. Good of Anderson + Wanca.

The Heska Corporation Unwanted Fax Class Action Lawsuit is Fauley v. Heska Corporation, Case No. 1:15-cv-02171, in the U.S. District Court for the Northern District of Illinois.

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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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