Request Legal Help Now - Free
LAWSUITS NEWS & LEGAL INFORMATION

Spam Fax Class Action Lawsuit Reaches Tentative $15M Settlement


This is a settlement for the Media/Telecom lawsuit.

Santa Clara, CA: A preliminary $15 million settlement has been reached in a class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA). Brought by a class of nursing homes, the lawsuit asserts that PharMerica, a pharmacy serving long-term care facilities, hounded the nursing homes with unsolicited fax advertisements, in direction violation of the TCPA.

According to the terms of the settlement, class members, led by Pines Nursing Home, will each erecieve an estimated $300 per fax for every fax they received that was sent by the defendant, to a total of about $2000 per fax number. The deal also requires the pharmacy to train staff on how not to violate the TCPA.

The lawsuit was filed in Florida federal court by Pines Nursing Home in October 2013, alleging the pharmacy had violated the anti-fax spamming law by sending it fliers for the "Pharmerica Education Symposium & Exhibition Series,"which is aimed at nursing home administrators.

According to court documents, in an investigation undertaken by lawyers for the nursing home, it became apparent that Pharmerica had sent more than 100 fax-blast campaigns to advertise the series to at least 11,000 facilities throughout the country.

As a result of the litigation, the pharmacy has changed its fax practices, according to the parties' joint filing. The deal would confirm those changes.

The case is Pines Nursing Home (77) Inc. v. PharMerica Corp., case number 1:13-cv-23924, in U.S. District Court for the Southern District of Florida.

Legal Help

If you have a similar problem and would like to be contacted by a lawyer at no cost or obligation, please fill in our form.
Published on Nov-9-15


ADD YOUR COMMENT ON THIS ISSUE

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.
Request Legal Help Now! - Free