What You Need To Know
According to court documents, “Class Members include all persons who, between Sept. 11, 2011 and March 6, 2017, subscribed to a telephone facsimile number and were sent a fax advertisement by or on behalf of Komet USA.” Eligible class members must not have given consent for Komet USA to send the advertisement faxes, as well as never established a business arrangement with the company. Moreover, eligible class members must have received the advertisement faxes, without the inclusion the federally mandated opt out notice.
A $90 product voucher represents the potential award for consumers. Eligible class members must submit a valid claim form to receive the $90 product voucher. No proof of purchase is required to become a class member. Eligible class members have until September 8, 2017 to file a valid claim form. The judge ruling over the class action settlement case Susan Degnen DMD PC v. Komet USA LLC, Case No. 1511-CC00766-01, in the Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles has schedule the final hearing on July 10, 2017. To learn more about the final hearing and class action settlement updates, visit www.DegnenKometSettlement.com.
Missouri dentist Dr. Suzanne Degnen filed a class action lawsuit against defendant Komet USA for sending advertisement faxes, without her consent. The lead plaintiff in the class action lawsuit is Sunset Tower Family Dentistry, which alleges in the class action documents that it never conducted business with Komet USA.
Dr. Degnen also asserts the advertisement faxes did not include a federally mandated notice that informs recipients of the option to stop receiving communications from a business. Federal law states the notice must contain “clear and conspicuous” language. If asked to refrain from sending communications, the sender has 30 days to abide by the request. The notice also must include the phone and fax numbers that recipients use to opt out of receiving unsolicited advertisement faxes.
Sunset Tower Family Dentistry invoked the Telephone Consumer Protection Act (TCPA) to back its legal claims in the lawsuit. Congress devised the TCPA to prevent telemarketers from harassing consumers at inappropriate times. The TCPA clearly prohibits the use of automatic telephone dialing equipment to contact consumers by phone and fax, unless consumers agree to receive communications.
Komet USA has agreed to create a settlement fund around $400,000 to cover the settlement benefits given to eligible class members. The company has not admitted to any of the class action lawsuit allegations. In a press release, Komet USA agreed to the class action settlement to avoid the costs of long lasting litigation.
What You Need To Know
According to court documents, “Class Members include all persons who, between Sept. 11, 2011 and March 6, 2017, subscribed to a telephone facsimile number and were sent a fax advertisement by or on behalf of Komet USA.” Eligible class members must not have given consent for Komet USA to send the advertisement faxes, as well as never established a business arrangement with the company. Moreover, eligible class members must have received the advertisement faxes, without the inclusion the federally mandated opt out notice.
A $90 product voucher represents the potential award for consumers. Eligible class members must submit a valid claim form to receive the $90 product voucher. No proof of purchase is required to become a class member. Eligible class members have until September 8, 2017 to file a valid claim form. The judge ruling over the class action settlement case Susan Degnen DMD PC v. Komet USA LLC, Case No. 1511-CC00766-01, in the Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles has schedule the final hearing on July 10, 2017. To learn more about the final hearing and class action settlement updates, visit www.DegnenKometSettlement.com.
Class Counsel Ronald J. Eisenberg of Schultz & Associates urges class members with questions to contact him at 636-733-6647.
