Medical Waste Services Unwanted Faxes Class Action Settlement - Up to $60.00 - Deadline: June 05, 2020
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Associated Management Services, Inc., and Charles D. Fuszner, D.M.D., P.C. (“Plaintiffs” or “Class Representatives”) filed a putative class action lawsuit (“Action”) against Medical Waste Services, LLC d/b/a Medical Waste Services and Larry D. Casey (“Defendants”) alleging that Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. § 227. (“TCPA”) by sending to Plaintiffs and the putative class members unsolicited fax advertisements that did not contain the required opt-out notice and without prior express invitation or permission or an established business relationship. The class action is called Associated Management Services, Inc., et al. v. Medical Waste Services, LLC d/b/a Medical Waste Services, et al., Case No. 19SL-CC00832-01, and is pending in the 21st Judicial Circuit Court, State of Missouri, St. Louis County.
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A proposed settlement has been reached in the Action, and you may be a Settlement Class Member. You are a Settlement Class Member if you are a resident of the United States and, between February 25, 2015 and February 11, 2020 received an unsolicited telephone facsimile message of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants, AND
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You did not provide prior express invitation or permission for the sending of such Fax Advertisement AND you did not have an established business relationship with Defendant; OR
The Fax Advertisement (a) did not display a clear and conspicuous opt-out notice on the first page stating that the recipient may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply, within 30 days, with such a request meeting the requirements under 47 C.F.R. § 64.1200(a)(4)(v) is unlawful, (b) did not display a clear and conspicuous opt-out notice on the first page with a telephone number for sending the opt-out request, or © did not display a clear and conspicuous opt-out notice on the first page with a facsimile number for sending the opt-out request.
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If the settlement is finally approved by the Court, Settlement Class Members who submit a timely claim that satisfies the requirements set forth in this Notice will receive a $60 payment by check.
Your legal rights are affected whether you act or not, and you have a choice to make now:
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This settlement covers those who were sent an unsolicited fax message from Medical Waste Services between February 25, 2015 and February 11, 2020.
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Submit A Claim Form by June 5, 2020
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You will receive a $60.00 check if you submit a timely Claim Form that satisfies the requirements for making a claim AND the Court finally approves the settlement.
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You will also give up any right to ever be a part of any other lawsuit against Defendants that relates in any way to the use of a telephone facsimile machine, computer, or other device to send a facsimile advertisement to Settlement Class Members.
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The Claim Form is available here and may be submitted by mail, or online.
https://kccsecure.com/medwastefaxsettlement/?_ga=2.226800730.631787018.1585678261-1944111971.1585678261
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Settlement Website:
http://medwastefaxsettlement.com/
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