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$40M Preliminary Settlement Reached in Interline TCPA Class Action Lawsuit

This is a settlement for the Media/Telecom lawsuit.

Los Angeles, CA: A preliminary $40 million settlement has been reached in a Telephone Consumer Protection Act (TCPA) class action lawsuit pending against Interline Brands Inc. The lawsuit, filed in 2011, claimed that Interline sent fax advertisements to consumers without: 1) obtaining their proper express written consent; or 2) including the requisite disclosures and opt-out language. The parties are seeking preliminary court approval of the settlement terms by December 2014.

Interline is a Florida-based office supply and cleaning company that regularly sent fax advertisements to market its services to consumers. However, according to the complaint, Interline' fax advertisements violated the TCPA by failing to include the statutorily-mandated disclosures and opt-out language. On May 21, 2013, the United States Court of Appeals for the Eighth Circuit issued a decision that found that even permissive, or "consented to"fax advertisements (that is, where the sender has the express permission of the recipient to send a fax advertisement), must contain certain TCPA opt-out language prescribed by the Federal Communications Commission ("FCC"). The failure to include the FCC mandated opt-out language carries a penalty of $500 – $1,500 per fax.

In addition to the omitted opt-out language, the complaint also alleged that Interline did not receive proper express written consent to send the fax advertisements in the first place.

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Published on Nov-20-14


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