Smith Medical Partners Unwanted Fax Class Action Settlement

Smith Medical Partners has agreed to pay $4.5 million to resolve claims that it sent unwanted fax messages in violation of the  Telephone Consumer Protection Act (TCPA). Under the terms of the settlement, eligible consumers who file a claim form will be able to recover a cash payment.

The settlement benefits individuals who were sent one or more unwanted fax messages by Smith Medical Partners between Sept. 26, 2013 and Jan. 25, 2019.

Plaintiffs in the unwanted fax class action settlement claimed that Smith Medical Partners sent unsolicited fax messages to consumers advertising their services. According to the fax recipients, they had never consented to receiving these messages.

Unfortunately, thousands of other consumers may have received these faxes in a similar way, according to the class action lawsuit.

The plaintiffs contended Smith Medical Partners sent about 45,000 unwanted fax messages between September 2013 and January 2019.

The unwanted fax class action lawsuit argued that these unsolicited messages violated TCPA.

The TCPA is a federal law that makes it illegal to send advertising calls, texts or faxes to consumers without getting their express prior written consent. The plaintiffs say Smith Medical Partners failed to get consent from them and thousands of other unwanted fax recipients, thereby violating the TCPA.

Smith has not admitted any wrongdoing but has agreed to settle the claims against it in a $4.5 million deal. The settlement agreement stresses the fact that no wrongdoing or liability has been assigned by settling the case.

“Defendants, without admitting or conceding any wrongdoing or liability, and solely to avoid the inconvenience and expense of further litigation, have concluded that further defense of the Action would be protracted, burdensome, and expensive, and that it is desirable and beneficial to fully and finally settle and terminate the Action,” the settlement agreement notes.

The plaintiffs similarly argue that they stand behind their claims and are confident they could prevail during a trial. However, they have agreed to settle the claims in order to ensure recovery for Class Members and avoid the costs and risks of continuing litigation.

Under the terms of the settlement, at least $3 million will be split among Class Members who file a valid claim form. These consumers will be able to recover a cash payment, although no current estimates are available. Exact payment amounts will vary depending on the number of claim forms filed.

In order to benefit from the unwanted fax settlement, Class Members must file a valid claim form by Nov. 16, 2020. Claim forms must include the fax number(s) which received the alleged unsolicited fax messages. This information, along with Smith’s records, will be used to verify claims.

The deadline for exclusion and objection is Oct. 19, 2020. The final approval hearing for the unwanted fax class action settlement is Dec. 10, 2020.

Who’s Eligible

Individuals who were sent one or more unwanted fax messages by Smith Medical Partners between Sept. 26, 2013 and Jan. 25, 2019.

Potential Award

Cash payments.

Under the terms of the settlement, at least $3 million will be split among Class Members who file a valid claim form. These consumers will be able to recover a cash payment, although no current estimates are available. Exact payment amounts will depend on the number of claim forms filed.

Proof of Purchase

Fax number(s) that received the alleged unsolicited fax messages.

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

11/16/2020

Case Name

Pressman v. Smith Medical Partner, Case No. 19-cv-1723, in the U.S. District Court for the Middle District of Florida

Final Hearing

12/10/2020

Settlement Website

www.SmithTCPAFaxSettlement.com

Claims Administrator

Pressman v. Smith Medical Partners LLC
c/o Heffler Claims Group
PO Box 8796
Philadelphia, PA 19101-8796
1-844-491-5743

Class Counsel

Phillip A. Bock
BOCK, HATCH, LEWIS & OPPENHEIM LLC

Defense Counsel

Martin W. Jaszczuk
Margaret Schuchardt
Tamra Miller
Seth H. Corthell
JASZCZUK PC

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