Rexall Osteo Bi-Flex Junk Faxes Class Action Settlement

A $20.7 million settlement has been reached that will end claims that Rexall sent junk faxes advertising its Osteo Bi-Flex to physicians without their prior express permission.

Class Members include those who received faxes stating “Osteo Bi-Flex Sample Offer” “Dear Partner Physician, We are excited to invite you to join the Osteo Bi-Flex Physician Sampling Program. Registration only takes a few minutes and is free! Please visit our exclusive physician’s only site at www.osteobiflex.com/physiciansampling to register to receive samples of Osteo Bi-Flex to share with your patients.” The faxes must have been received on or around March 5, 2013.

Lead plaintiffs accused Rexall Inc. and Corporate Mailings Inc., also known as CCG Marketing Solutions, of sending junk faxes about their Osteo Bi-Flex “sampling program” in violation of the Telephone Consumer Protection Act, or TCPA.

The Rexall class action lawsuit alleges that the physicians who received the faxes did not give permission to the supplement company to send them advertising messages.

The TCPA was enacted to protect consumers from overzealous marketers, limiting the number of telemarketing calls and advertisements via fax.

Primarily, the TCPA requires marketers to get express permission from recipients prior to making the call or sending the fax. The TCPA also requires companies to honor requests not to continue to contact the phone or fax number with advertisements.

Violations of the TCPA can lead to steep fines of up to $1,500 per unauthorized call or fax.

Rexall agreed to pay $20.7 million to end the junk fax class action lawsuit. Under the terms of the settlement agreement, Class Members are expected to receive a minimum $333.67 cash payment per unwanted fax.

To benefit from the Rexall Osteo Bi-Flex junk faxes class action settlement, Class Members must submit a Claim Form, including their claim ID, fax number and email address. Claim Forms must be printed and mailed.

The deadline to opt out of or object to the Rexall Osteo Bi-Flex junk faxes class action settlement is June 24, 2019.

Who’s Eligible

“All persons or entities that were sent, on or about March 5, 2013, a facsimile message stating, in relevant part: ‘Osteo Bi-Flex Sample Offer’ ‘Dear Partner Physician, We are excited to invite you to join the Osteo Bi-Flex Physician Sampling Program. Registration only takes a few minutes and is free! Please visit our exclusive physician’s only site at www.osteobiflex.com/physiciansampling to register to receive samples of Osteo Bi-Flex to share with your patients.'”

A copy of the fax is available on the settlement website.

Potential Award

$333.67 per fax.

Proof of Purchase

Claim ID from the settlement notice, fax number and email address must be included on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

06/24/2019

Case Name

Radha Geismann M.D., P.C., et al. v. Rexall Inc. and Corporate Mailings Inc., Case No. 1822-CC11147, in the Circuit Court of the City of St. Louis, State of Missouri

Final Hearing

09/09/2019

Settlement Website

www.RexallClassSettlement.com

Claims Administrator

Radha Geismann, M.D., P.C. v. Rexall Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 404118
Louisville, KY 40233-4118
Fax: 866-298-4547
info@OsteoBiFlexSettlement.com

Class Counsel: 1-855-827-2329

Class Counsel

Max G. Margulis
MARGULIS LAW GROUP

Brian Wanca
ANDERSON + WANCA

Defense Counsel

Lauri A. Mazzuchetti
KELLEY DRYE & WARREN LLP

Matthew J. Fedor
DRINKER BIDDLE & REATH LLP

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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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