Who is a Class Member
- All individuals and/or entities whom or which received one or more unsolicited fax advertisements from Impax Labs between Dec. 1, 2013 and Sept. 29, 2017.
If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Settlement Amount
- $4,815,700.00
Estimated Award
- Up to $500 per fax.
Settlement Class Member who submits a valid claim by Jan. 5, 2018 will receive a pro rata share of the Remaining Distributable Settlement Fund not to exceed $500.00 per fax transmission. Your share of the Distributable Settlement Fund depends on how many Settlement Class Members submit Claim Forms and how many allegedly violative faxes (in the aggregate) they claim to have received.
Proof of Purchase
- Class members will need to provide the fax number at which they received an unsolicited fax from Impax Laboratories. Class Members who are claiming additional faxes in addition to those in Impax Laboratories’ records, must also submit a copy of those faxes.
Claim Form
Impax Labs Fax Advertisements TCPA Settlement Notes
- Family Medicine Pharmacy LLC v. Impax Laboratories Inc.
- Case No. 1:17-cv-00053
- Pending in the U.S. District Court for the Southern District of Alabama
Plaintiff Family Medicine Pharmacy LLC sued Impax Laboratories, alleging that it received unsolicited fax advertisements promoting the pharmaceutical company’s epinephrine auto-injector in an effort to boost sales, without prior consent or an established business relationship, in violation of the Telephone Consumer Protection Act (TCPA).
Impax denies these allegations but has agreed to the settlement to avoid the time and expense of further litigation.
The potential settlement class is estimated to include approximately 48,157 people.
Class members who wish to exclude themselves or opt-out of the settlement must do so by Jan. 5, 2018. Class members who wish to submit a claim form must do so by Jan. 5, 2018.
Important Dates
- 1/5/18: Claim filing deadline
- 1/5/18: Opt out or exclusion deadline
- 1/5/18: Objection deadline
- 3/6/18: Final approval hearing at 10:00 am CST (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
Contact Information
- Mail: FMP v. Impax Laboratories Settlement Administrator, c/o JND Class Action Administration, PO Box 6998, Broomfield, CO 80021
- Phone: 1-844-853-3428
- Fax: 1-866-249-8783
- Email: info@FMPvImpaxSettlement.com
Class Counsel
- Diandra S. Debrosse-Zimmermann of Zarzaur Mujumdar & Debrosse
- James H. McFerrin of McFerrin Law Firm LLC
Settlement Website