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This settlement is closed!
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An $8.5 million settlement is set to resolve claims that Cynosure violated federal law by sending unsolicited fax advertisements.
The settlement will benefit individuals who were sent fax(es) regarding Cynosure products between July 27, 2012 and March 13, 2019.
ARcare Inc., a medical company, filed their class action lawsuit against Cynosure in July 2016. Cynosure was accused of sending unsolicited faxes to consumers advertising their services and goods, such as their vaginal rejuvenation laser technology.
According to the class action lawsuit against the company, Cynosure sent junk faxes to consumers and companies that had never consented to received faxes.
“Junk faxes disrupt recipients’ peace, drain recipients’ paper, ink, and toner, and cause recipients tangible damages,” the Cynosure class action lawsuit states.
“Junk faxes also cause recipients to waste valuable time retrieving and discerning the purpose of the faxes; prevent fax machines from receiving and sending authorized faxes; and cause undue wear and tear on recipients’ fax machines.”
ARcare claimed that sending these faxes without obtaining recipient consent was a violation of the Telephone Consumer Protection Act (TCPA).
The TCPA is a federal law that protects consumers from harassing communications via telephone call, text message, and fax.
A variety of behaviors are prohibited under TCPA including using an automatic dialing system, sending unsolicited faxes or text messages, failing to provide opt out options with any communications, calling numbers on the National Do Not Call Registry, and more.
The amount that each Class Member can collect from the Cynosure class action settlement will depend on the number of valid claims filed. The deadline to submit a claim is June 26, 2019. Although proof is not required, providing copies of the Cynosure faxes received may increase payment amounts.
The deadline to object to the settlement is May 27, 2019. The final approval hearing is scheduled for July 11, 2019.
Who’s Eligible
Individuals and entities who were sent fax(es) regarding Cynosure products between July 27, 2012 and March 13, 2019.
Potential Award
The amount each fax will be compensated for will depend on the number of total faxes that the Class seeks compensation for.
Proof of Purchase
Copies of Cynosure faxes. This is not required but may increase payments.
Claim Form
NOTE: 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
6/26/2019
Case Name
ARcare Inc. v. Cynosure Inc., Case No. 1:16-cv-11547-DPW, in the U.S. District Court for the District of Massachusetts
Final Hearing
7/11/2019
Settlement Website
Claims Administrator
ARcare Inc. v. Cynosure Inc.
c/o KCC Class Action Services LLC
P.O. Box 404115
Louisville, KY 40233-4115
866-298-4191
info@CynoSettlement.com
Class Counsel
Phillip A. Bock
BOCK HATCH LEWIS & OPPENHEIM LLC
Randall K. Pulliam
CARNEY BATES & PULLIAM PLLC
Alan L. Cantor
SWARTZ & SWARTZ PC
Defense Counsel
Alan E. Schoenfeld
WILMER CUTLER PICKERING HALE AND DORR 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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