Ashley Milano  |  February 14, 2017

Category: Closed Class Actions

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Fax machine with document, isolated on white background

Senco Brands Inc. (SBI) has agreed to pay $3 million to resolve a class action lawsuit that alleges the company sent unsolicited faxes that do not comply with the Telephone Consumer Protection Act’s opt-out notice requirements.

Plaintiff Craftwood Lumber Company initially filed the proposed class action lawsuit against SBI in October, claiming the company sent more than 28,000 illegal junk fax advertisements between Sept. 1, 2010 and Dec. 16, 2014 in direct violation of the TCPA.

The unsolicited faxes reportedly promoted SBI’s products including fasteners and air-, battery- and gas-powered tools.

The TCPA prohibits sending unsolicited faxes for advertising purposes. Under the Junk Fax provision of the law, businesses are not allowed to send faxes unless you give them permission or have an established business relationship with them and voluntarily provided them with your 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.

If the Senco Brands unsolicited faxes class action settlement is approved by the Court, the net settlement payment (the “Members’ Payment Amount”) will be distributed to settlement Class Members.

Each settlement Class Member will be awarded one “share” for each fax transmission sent to the Class Member as determined from SBI’s records. Each share entitles a Class Member to be paid the dollar sum achieved by dividing the Members’ Payment Amount by the total number of shares awarded all Class Members.

Additionally, the $3 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 an incentive award of $35,430 to Craftwood Lumber Company for their efforts in representing the Class, and the Claims Administrator’s fees and expenses.

SBI denies that it violated the TCPA and will defend the lawsuit if the proposed settlement is not approved.

Class Members who wish to exclude themselves must do so by March 17, 2017. Those who wish to object to the terms of the settlement must do so by May 2, 2017.

Who’s Eligible

“All subscribers of facsimile telephone numbers to which SBI transmitted, on or after September 5, 2010, one or more facsimiles, as recorded in Senco024902 attached as Exhibit 1 to the Class Action Settlement Agreement (the “Faxes”).”

The fax telephone numbers to which SBI sent faxes are shown in SBI’s records (Senco024902), which can be viewed on the settlement website. Only the subscribers of these fax telephone numbers are eligible to be paid, regardless of who else used the same fax telephone number.

If you are still not sure whether you are a Class Member eligible to receive compensation in the settlement, you can call the Claims Administrator at 1-866-596-9826.

Potential Award

Varies.

Each Class Member who submits a valid and timely Class Member Information Form will be awarded one “share” for each Fax transmission sent to the Class Member as determined from SBI’s records.

Each “share” entitles a Class Member to be paid the dollar sum achieved by dividing the Members’ Payment Amount by the total number of shares awarded all Class Members.

Each Class Member who may receive payment of $600 or more will be asked to complete an Internal Revenue Service Form W-9. A Class Member that fails to provide a completed Form W-9 will have his or her payment subject to withholding as required by the then-existing rules and regulations of the IRS.

Proof of Purchase

You do not need to submit proof that you received faxes in order to receive payment.

Notice of settlement was sent to all known Class Members based on SBI’s records. However, it is possible that you received a fax from SBI during the Class Period but did not receive a notice from the Settlement Administrator regarding this settlement. If so, you are entitled to submit proof to the Settlement Administrator that you were the subscriber of a fax telephone number to which SBI sent one or more faxes no later than June 6, 2017.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

6/6/2017

Case Name

Craftwood Lumber Company v. Senco Brands Inc., Case No. 1:14-cv-06866, in the U.S. District Court for the Northern District of Illinois

Final Hearing

6/6/2017

Settlement Website

www.SencoBrandsFaxSettlement.com

Claims Administrator

Senco Brands Settlement Administrator
c/o Kurtzman Carson Consultants (KCC)
PO Box 43034
Providence, RI 02940-3034
Phone: 1-866-596-9826
Fax: 1-877-839-3322

Class Counsel

C. Darryl Cordero
PAYNE & FEARS LLP

Frank F. Owen
FRANK OWEN & ASSOCIATES PC

Charles R. Watkins
GUIN STOKES & EVANS LLP

Defense Counsel

Ana Tagvoryan
BLANK ROME LLP

Join a Free TCPA Class Action Lawsuit Investigation

Under the TCPA, businesses cannot use automated dialing services to make phone calls or send text messages without the express consent of the consumer.

Consumers who have received text message spam may be able to bring a TCPA lawsuit against the company. 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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16 thoughts onSenco Brands Junk Fax Class Action Settlement

  1. Will says:

    Any updates TCA?

    1. Top Class Actions says:

      According to the settlement website, claims were already paid. An order granting approval for a second distribution to claimants that cashed their first check approved by the court on 2/20/18. You should contact class counsel or the settlement administrator with questions about your claim.

  2. Ellie says:

    Checks were to be distributed no later than July 27 yet no one has recieved one yet?

  3. Samantha says:

    Has anyone received payment?

  4. Ellie says:

    Final hearing was 4 months ago!

  5. ME says:

    Anyone get a check yet?

  6. Samantha says:

    Did anyone receive payment?

  7. ME says:

    If checks were to be mailed no later than July 27th shouldn’t someone have received one by now? That was 9 days sgo

    1. jennifer says:

      yes, that is what the court ordered them to do,but as usual they turn one thing in to the court ,and do the other.date is posted on their home page.good luck

    2. cc says:

      any new updates anyone,they are not answering the phone.

  8. Mimi says:

    Has anyone received a payment on this settlement ?

    1. Melanie WALBAUM says:

      NOPE

      1. SAL says:

        checks go out July 27,2017 web-site has been updated, good luck

        1. jj says:

          has anyone recvd a check yet?

          1. yep says:

            nope…still waiting

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