Horizons brand fax ad messages may have caused annoyance to consumers.

A group of hardware and lumber companies have agreed to a $3 million settlement over class action claims that Horizon brands violated the Telephone Consumer Protection Act by sending junk faxes.

Beneficiaries of the settlement agreement include those with facsimile telephone numbers, or fax machines, that received advertisements for Horizon goods via Westfax Inc. from Horizon Global Corporation, Horizon Global Americas Inc., or Comprehensive Marketing Inc. These faxes were sent July 19, 2016, Nov. 9, 2016, Nov. 16, 2016, Nov. 30, 2016, and May 4, 2017.

The Horizon brands fax ad class action lawsuit alleged that Horizon Global Corporation and Horizon Global Americas sent faxes advertising their goods and services to the plaintiffs and other businesses without obtaining permission from those businesses in violation of the Telephone Consumer Protection Act (TCPA).

The plaintiffs claimed that these junk faxes wasted their and other Class Members’ time, energy, and resources. The complaint also named marketing company, Comprehensive Marketing Inc., as a defendant.

Horizon Global Corp. and Horizon Global Americas designs, manufactures, and distributes towing, trailer, cargo management, and other related products.



According to the complaint, the company sent junk faxes advertising various products and services, including promotions for tie downs, microfiber mops, and bungee cords. The plaintiffs say that they received multiple advertisements via fax, all without providing permission to Horizon to send them the ads.

In the Horizon brands fax ad class action lawsuit, the plaintiffs contended that these repeated faxes violated the TCPA.

“More than two decades ago the Telephone Consumer Protection Act of 1991…was enacted into law,” explained the complaint. “The law responded to countless complaints by American consumers and businesses about the cost, disruption, and nuisance imposed by junk faxes.”

The TCPA covers telephone, fax, and SMS text messaging advertising. Under the Act, entities are generally prohibited from using the phone, fax, or text messages to sell goods or services without first getting the permission of the person or business they wish to contact with ads. Fines for violating the act are steep; they may reach up to $1,500 per violation.

The plaintiffs pointed out that the TCPA originally prohibited the use of fax to send ads without obtaining permission from the recipient. Then, in 2005, the federal government amended the TCPA, adding a provision specific to junk faxes.



“As amended, the law requires a sender to include in its faxes advertisements a clear and conspicuous notice that discloses to recipients their right to stop future faxes and explains how to exercise that right,” noted that Horizon brands fax ad class action lawsuit.

According to the plaintiffs, the Horizon companies ignored these requirements under the TCPA when they sent their advertisements to Class Members on several occasions.

“Plaintiffs sustained concrete and actual injury as a result of Defendants’ actions and omissions because Defendants’ junk faxes, among other things, wrongfully occupied Plaintiffs’ facsimile telephone lines; caused Plaintiffs’ fax lines to be unavailable for legitimate business use; wasted time required to manage and dispose of Defendants’ junk faxes; consumed and wasted Plaintiffs’ electricity, paper, and toner; invaded Plaintiffs’ privacy rights; and violated Plaintiffs’ interests in seclusion,” alleged the complaint.

The defendants, Horizon Global Corporation, Horizon Global Americas Inc., and Comprehensive Marketing Inc., have not admitted any wrongdoing, but have agreed to pay $3 million to end the Horizon brand fax ad class action lawsuit.

Class Members can file a claim to receive $102 for each junk fax they received advertising Horizon brands products and services. The deadline to submit a claim is June 11, 2020. The claim form can be submitted online or printed and sent by mail. The online form requires a username and password but no proof of the faxes is necessary. Instead, the number of faxes sent will be verified with the defendants’ records.



Class Members who wish to exclude themselves must do so by June 11, 2020. Those who want to object to the Horizon brands fax ads class action settlement must do so by July 7, 2020. The final hearing will be held Aug. 21, 2020.

Who’s Eligible

Class Members include those with facsimile telephone numbers, or fax machines, that received advertisements for Horizon goods via Westfax Inc. from Horizon Global Corporation, Horizon Global Americas, Inc., or Comprehensive Marketing, Inc.

These faxes were sent July 19, 2016, Nov. 9, 2016, Nov. 16, 2016, Nov. 30, 2016, and May 4, 2017.

Potential Award

Up to $599.99.

Class Members can claim $102 per fax received, up to a total limit of $599.99.

Proof of Purchase

No proof necessary. Online claim forms require a username and password.

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

6/11/2020

Case Name

Craftwood Lumber Co., et al. v. Horizon Global and Comprehensive Marketing Inc., et al., Case No. 17 CH 1213, in the Circuit Court for the Nineteenth Judicial Circuit, Lake County, Illinois

Final Hearing

8/21/2020

Settlement Website
Claims Administrator

Craftwood v. Horizon Global Settlement
c/o Class-Settlement.com
PO Box 9009
Hicksville, NY 11802-9009
Claims@class-settlement.com
(877) 268-2976

Class Counsel

C. Darryl Cordero
PAYNE & FEARS LLP

Peter M. Trobe
TROBE BABOWICE & ASSOCIATES

Defense Counsel

Bart Murphey
ICE MILLER LLP

Paul Bozych
NELSON ZEHE & ANTAS PC

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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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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52 Comments

  • Marcella Mondotte May 25, 2020

    Pls add my name and send me a username and password!

  • Felicia R Reddick May 24, 2020

    add me in

  • Lavandre Wilson May 23, 2020

    Big Lay not seein any username this be like discimination

  • teri barren May 19, 2020

    add me

  • John Vastola May 18, 2020

    WTF is wrong with you people?
    I figured covid-19 would thin out the ranks of the “Ad me” crowd. Do you people know how any of this works? Do you ever get anything?

    • Bex May 20, 2020

      We live in a world full of Forest Gumps- just they’re not all as likeable and kindhearted. Lol
      Only online claims require username and PW. If you have none, you can still claim without BUT, you will NEED to print form and mail completed form back.
      FYI typing add me does nothing except exhibit your lack of understanding or comprehension of how to file a claim. Unless you’re delusional to feel entitled to simply type 2 monosyllabic words and expect to receive your judgement mailed to you.
      I especially adore those who misspell the word add.
      Hint: Add= to include, addition
      Ad= advertisement

    • Lavandre Wilson May 23, 2020

      you sayin?

  • beverly brubaker-vastola May 18, 2020

    i need a user name and password please add me

  • Charles pierce May 18, 2020

    I still have not received my username or password in the mail or via online can you please forward it to me thank you

  • Michael May 17, 2020

    How do I get a username and passoword? There is no create username button

  • Lisa Golphin May 15, 2020

    Please add me. I need a username and password.

  • Michael May 15, 2020

    Can I get a username please?

  • David Baker May 15, 2020

    I need to be added or I need a user name and password please and thank you.

  • Danielle Wilkinson May 14, 2020

    Can I get username and password please I’m pretty sure I should be at at 2 this thank you

    • duhhh May 26, 2020

      at at 2???
      at ats are from star wars

  • ANNA May 14, 2020

    add me i cant file claim

  • April Hudson May 12, 2020

    Add me please. I need username and password.

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  • Thomas J. Driscoll May 4, 2020

    I NEED TO BE ADDED, PLEASE FORWARD USER NAME AND PASSWORD .

    • retardsonhere May 6, 2020

      right away sir..would you like a nice steak too?

      • John Vastola May 18, 2020

        Yes, and a fine young Bonnie lass to make the evening right… Or a laddie, of that is your disgusting preference, nothing wrong with that.

      • Lamar Cato May 18, 2020

        Retards freekin everywhere

        Covid-19 not thinning them out enought yet

  • Robert J Goudin May 3, 2020

    add me

  • Robert Goudin May 3, 2020

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  • Rashawnda L Hall May 3, 2020

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    • Joe Fierro May 12, 2020

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  • Kyle April 28, 2020

    Add me please . I am signed up to top class actions but cannot log into the claim form

  • Crystal April 28, 2020

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    • mary May 12, 2020

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  • Cynthia Beets April 28, 2020

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    Please add me

  • M.C. 2020 April 27, 2020

    I believe I am a member of this lawsuit. Please add me . I need a user name and password. Thank you

  • Anita Temple April 25, 2020

    Please add me to this lawsuit . I be leave that I am consumer, for this suit.

    Thank you.

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    add me also to the suit.

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