Plaintiff Craftwood Lumber Company (“Plaintiff”) sued Senco Brands, Inc. (“SBI”), alleging that SBI violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 ( “TCPA”), by sending unsolicited facsimile advertisements and facsimile advertisements that do not comply with the TCPA’s opt-out notice requirements. The TCPA permits a person to whom such advertisements are sent to bring legal action against the sender and recover either actual damages or statutory damages of $500 per violation. The TCPA also permits a court to increase the statutory damages up to a maximum of $1,500 per violation if it is established that the defendant willfully and/or knowingly violated the TCPA. SBI denies that it violated the TCPA and will defend the lawsuit if the proposed settlement is not approved.
The Court has not decided who is right. SBI has agreed to settle this action to avoid the costs and uncertainties of litigation. Plaintiff has agreed to settle because it believes that the settlement is in the best interests of the Settlement Class and provides substantial benefits to class members without the risk of continued litigation.
THE SETTLEMENT CLASS
A settlement has been reached in this class action lawsuit against Defendant Senco Brands, Inc. (“SBI”), about fax advertisements sent by SBI on and after September 5, 2010. The Court presiding over the lawsuit has preliminarily approved the settlement and certified the Settlement Class, defined as:
All subscribers of facsimile telephone numbers to which SBI transmitted, on or after September 5, 2010,one or more facsimiles, as recorded in Senco024902 attached as Exhibit 1 to the Class Action Settlement Agreement(the “Faxes”).
If you are a class member – a “subscriber” of a fax telephone number to which SBI sent Faxes during the “Class Period” – you are entitled to receive a payment from the settlement.
Who’s Eligible
“All subscribers of facsimile telephone numbers to which SBI transmitted, on or after September 5, 2010, one or more facsimiles, as recorded in Senco024902 attached as Exhibit 1 to the Class Action Settlement Agreement (the “Faxes”).”
The fax telephone numbers to which SBI sent faxes are shown in SBI’s records (Senco024902), which can be viewed on the settlement website. Only the subscribers of these fax telephone numbers are eligible to be paid, regardless of who else used the same fax telephone number.
If you are still not sure whether you are a Class Member eligible to receive compensation in the settlement, you can call the Claims Administrator at 1-866-596-9826.
Potential Award
Varies.
Each Class Member who submits a valid and timely Class Member Information Form will be awarded one “share” for each Fax transmission sent to the Class Member as determined from SBI’s records.
Each “share” entitles a Class Member to be paid the dollar sum achieved by dividing the Members’ Payment Amount by the total number of shares awarded all Class Members.
Each Class Member who may receive payment of $600 or more will be asked to complete an Internal Revenue Service Form W-9. A Class Member that fails to provide a completed Form W-9 will have his or her payment subject to withholding as required by the then-existing rules and regulations of the IRS.
Proof of Purchase
You do not need to submit proof that you received faxes in order to receive payment.
Notice of settlement was sent to all known Class Members based on SBI’s records. However, it is possible that you received a fax from SBI during the Class Period but did not receive a notice from the Settlement Administrator regarding this settlement. If so, you are entitled to submit proof to the Settlement Administrator that you were the subscriber of a fax telephone number to which SBI sent one or more faxes no later than June 6, 2017.
Claim Form Deadline
6/6/2017
Case Name
Craftwood Lumber Company v. Senco Brands Inc., Case No. 1:14-cv-06866, in the U.S. District Court for the Northern District of Illinois
Final Hearing
6/6/2017
Settlement Website
Claims Administrator
Senco Brands Settlement Administrator
c/o Kurtzman Carson Consultants (KCC)
PO Box 43034
Providence, RI 02940-3034
Phone: 1-866-596-9826
Fax: 1-877-839-3322
Class Counsel
C. Darryl Cordero
PAYNE & FEARS LLP
Frank F. Owen
FRANK OWEN & ASSOCIATES PC
Charles R. Watkins
GUIN STOKES & EVANS LLP
Defense Counsel
Ana Tagvoryan
BLANK ROME LLP
