Divvydose TCPA Class Action Settlement

UPDATE: The Divvydose TCPA settlement was granted final approval on August 31, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Divvydose has agreed to pay $750,000 to end claims that the pharmacy violated the Telephone Consumer Protection Act. Now, the settlement is accepting benefits claims.

Class Members include all those individuals in the United States who were called by 1564 Ventures Inc. and received a recorded message about Divvydose between June 26, 2019 and Nov. 1, 2019. Those individuals who are not sure if they are included in the Class can contact the settlement administrator for more information.

Consumers argued that Divvydose violated the TCPA by calling numbers on the National Do Not Call Registry and not maintaining a “do not call” policy of their own.

Allegedly, the pharmacy and pill packager used prerecorded dialing systems to place these calls, which is also in violation of the TCPA.

Sana Mujahid, the consumer who filed the Divvydose TCPA class action lawsuit, argued that the calls she received were part of a nationwide telemarketing campaign, meaning that consumers around the country were sent similar messages.

She notes that the TCPA specifically regulates telemarketing calls. Allegedly, the messages that she received were sent to encourage customers to purchase Divvydose goods and services, and therefore qualify as telemarketing. 

According to the Divvydose spam calls class action lawsuit, the company did not get the prior, express, written consent of the call recipients before placing the calls. She notes that the TCPA requires businesses to get this consent before sending telemarketing messages, particularly in the case of consumers whose number is listed on the National Do Not Call List.

Divvydose has not admitted any liability in the pharmacy spam call class action settlement, but has agreed to settle the claims to avoid the continued costs and risks of litigation.

Class Members are eligible to receive a proportional share of the settlement amount. The Divvydose TCPA violation settlement website explains that the amount of compensation that each consumer will receive depends on the total number of claims filed. 

For her role as the Class representative, Sana Mujahid will receive up to $5,000. The settlement website explains that the consumers’ representatives have requested up to $262,375 in attorneys’ fees and costs, to be paid from the settlement fund. The remainder of the settlement fund after these dedications will be divided up amongst Class Members.

Class Members can receive benefits by submitting a valid claim form online or by mail by Aug. 19, 2020. To submit a claim online, Class Members need a Claim ID or a phone number matching the call they received.

Class Members do not have to collect benefits from the Divvydose settlement fund, but even if they do not, their rights are affected. Class Members who remain in the Class, whether or not they choose to file a claim for benefits, give up their right to pursue independent litigation over the claims at issue in the Divvydose spam call class action lawsuit.

Those who wish to keep their rights to pursue independent litigation and are willing to give up their rights to settlement benefits must first opt out of the settlement Class by Aug. 19, 2020.

Class Members can also object to the settlement by writing to the court about their objections by Aug. 19, 2020. Class Members are invited but not required to attend a final approval hearing on Aug. 25, 2020.

Who’s Eligible

Class Members include all those individuals in the United States who were called by 1564 Ventures Inc. and received a recorded message about Divvydose between June 26, 2019 and Nov. 1, 2019. Those individuals who are not sure if they are included in the Class can contact the settlement administrator for more information.

Potential Award

Consumers are eligible to receive a proportional share of the settlement amount. The Divvydose TCPA violation settlement website explains that the amount of compensation that each consumer will receive depends on the total number of claims filed. 

Proof of Purchase

To submit a claim online, Class Members need a Claim ID or a phone number matching the call they received.

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

8/19/2020

Case Name

Sana Mujahid v. Divvymed, LLC d/b/a Divvydose, Case No. CV- 19-005454-PHX-NVW, in the U.S. District Court for the District of Arizona

Final Hearing

8/25/2020

Settlement Website

www.MujahidvDivvymedTCPASettlement.com

Claims Administrator

Divvydose TCPA Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 43501
Providence, RI 02940-3501
1-844-799-2426
admin@mujahidvdivvymedTCPAsettlement.com

Class Counsel

PARONICH LAW PC
HEIDAPOUR LAW FIRM PLLC

Defense Counsel

COOLEY LLP
OSBORN MALEDON PA

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.

GET A FREE CASE EVALUATION NOW

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