Who is a Class Member
Class members of the Bisco Unsolicited Fax Advertisements TCPA Settlement includes “all persons or entities within the United States to whom Bisco, Inc. or Bisco Dental Products Co. sent a facsimile from December 8, 2011 through December 8, 2015.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
The recovery to each Settlement Class member will be determined based on the number of valid and timely claims submitted.
Proof of Purchase
- Claimants must provide the fax number that received the faxed advertisements from Bisco during the period December 8, 2011, through December 8, 2015.
Bisco Unsolicited Fax Advertisements TCPA Settlement Notes
- Fulton Dental, LLC, et al. v. Bisco, Inc.
- Case No. 1:15-cv-11038
- Pending in the U.S. District Court for the Northern District of Illinois, Eastern Division
In December 2015, plaintiff Fulton Dental, a private medical practice in Birmingham, AL initiated this nationwide class action lawsuit alleging Bisco violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited fax advertisements inviting recipients to purchase products typically used in the dental or endodontic products. These alleged junk faxes were form documents and reportedly not addressed to Fulton or anyone in particular, nor did they contain a proper opt-out notice.
According to the settlement website (www.TCPABiscoSettlement.com), the TCPA forbids sending unsolicited advertisements (aka junk faxes) for goods and services. Additionally, the TCPA requires that fax advertisements being sent to those who consented to their receipt must include a clear and conspicuous Opt Out Notice. Violations of the TCPA, including the failure to include a proper opt out notice, can result in the business having to pay damages for each willful violation upwards of $500.
Bisco denies violating the TCPA, any wrongdoing, or liability but has agreed to settle the allegations in order to avoid the risks, uncertainty and delays of further litigation.
Under the terms of the Bisco Unsolicited Fax Advertisements TCPA Settlement, Bisco will pay $262.500 which will be used to cover settlement administration expenses, a $5,000 incentive award to Fulton Dental, attorneys’ fees, and court costs. After these amounts are deducted, each Class member who submits a valid and timely claim will receive an equal (pro rata) share of the net settlement fund. It is estimated there are approximately 25,127 eligible Class members.
The Frequently Asked Questions section on the settlement website further summarizes the proposed Bisco Unsolicited Fax Advertisements TCPA Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at www.TCPABiscoSettlement.com.
.Class members who wish to exclude themselves or object to the terms of the Bisco Unsolicited Fax Advertisements TCPA Settlement must do so by January 30, 2018. Class members who wish to submit a claim for payment must do so by January 30, 2018.
- 1/30/18: Claim Form Deadline
- 1/30/18: Objection or Exclusion Deadline
- 3/7/18: Final Approval Hearing at 10:00 am CT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.TCPABiscoSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Fulton Dental LLC v. Bisco Inc., c/o Kurtzman Carson Consultants, PO Box 404041, Louisville, KY 40233-4041
- Fax: 310-751-1874
- Alexander H, Burke and Daniel J. Marovitch of Burke Law Offices LLC
- J. Matthew Stephens of McCallum Methvin & Terrell PC
- Edward A. Broderick and Anthony I. Paronich of Broderick Law, P.C.
- Matthew P. McCue of The Law Office of Matthew P. McCue