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.
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.
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.
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
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
Craftwood v. Horizon Global Settlement
PO Box 9009
Hicksville, NY 11802-9009
C. Darryl Cordero
PAYNE & FEARS LLP
Peter M. Trobe
TROBE BABOWICE & ASSOCIATES
ICE MILLER LLP
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.
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