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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.

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Published on Nov-9-15


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