$3.3M Unwanted Faxes Class Action Settlement Gets Initial OK

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An Illinois federal judge has given early approval to a $3.3 million class action settlement resolving allegations that Mesa Laboratories sent thousands of faxes that did not allow the recipient to opt-out.

The Mesa Laboratories class action lawsuit argues that the lack of an opt-out is a violation of the Telephone Consumer Protection Act.

The lead plaintiff James Orrington II is a dentist who says that his practice received the unsolicited ads via fax and could not figure out how to stop it because no opt-out details were provided.

Now that the judge has given preliminary approval to the settlement agreement, both parties are able to notify the public.

Others who might have been affected by this faxing practice could be eligible for recovery as Class Members.

All parties in the Mesa Laboratories class action lawsuit have another hearing scheduled for May in which an agreement over attorneys’ fees is expected to be reviewed.

In the Mesa Laboratories class action lawsuit, the defendants were accused of blasting faxes to businesses around the country with ads about their services and products designed to maintain sterile medical environments.

During discovery, it was revealed that these advertisement faxes could have been sent to as many as 42,000 numbers.

The original TCPA class action lawsuit argued that the faxes received had Mesa’s contact details listed, but no information about how to opt-out of getting the faxes.

The Mesa Laboratories class action lawsuit settlement states that Class Members are those who received faxes sent by the defendant on or after a date of four years prior to the filing date of Feb. 1, 2018, so long as those faxes did not include an opt-out notice.

Orrington says that fax recipients had to waste toner and ink on getting the faxes because there was no way to stop the incoming documents. The lawsuit was proposed as a class action due to the high volume of consumers likely affected.

The Telephone Consumer Protection Act prohibits companies from harassing or abusive contact from companies.

Within the TCPA are protections for consumers as far as what companies cannot do and the steps for consumers to take legal action when a company violates the law.

Consumers who are consistently contacted by a company with no opportunity to opt-out could be eligible for recovery under the TCPA.

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.

The proposed Class in the Mesa Laboratories class action lawsuit is represented by Julia Clark, Daniel A. Edelman, Cathleen M. Combs, and James O. Latturner of Edelman Combs Latturner & Goodwin LLC.

The Mesa Laboratories Unwanted Faxes Class Action Lawsuit is James L. Orrington II DDS PC v. Mesa Laboratories Inc., et al., Case No. 1:18-cv-00841, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: March 2019, the Mesa Laboratories junk fax class action settlement is now open. Click here to file a claim.

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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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