VC TCPA SETTLEMENT

By providing your information, either on paper, electronically or through a website, you consent to us storing and using your information. Our site uses tracking technologies to tailor your experience and understand how you and other visitors use our site. By continuing to navigate this site you consent to use of these tracking technologies. For more information on how we use your personal data, please read our Privacy Policy.

VC TCPA SETTLEMENT
Home
Home
Notice
Notice
Court Documents
Court Documents
Contact Information
Contact Information

The information contained on this website is only a summary of information presented in more detail in the Notice, which you can access by clicking here. Since this webpage is just a summary, you should review the Notice for additional details.

Final Approval Hearing Update

 

On June 24, 2019, the Court granted final approval of the Settlement. Settlement Class Members who have submitted a valid Claim Form will receive an equal share of the Settlement Fund after attorneys’ fees and expenses, the Class Representative’s service award, and the costs of notice and administration are deducted.

 

A settlement has been reached in a class action lawsuit, about unsolicited fax advertisements promoting goods or services that did not contain proper opt out notices.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM

The March 17, 2019 deadline to submit a claim has passed.

EXCLUDE YOURSELF

The March 17, 2019 deadline to exclude yourself from the Settlement has passed.

OBJECT

The May 6, 2019 deadline to object to the the Motion for Attorneys’ Fees, Costs and Incentive Award has passed.

DO NOTHING

If you do nothing you will not receive a monetary recovery, but you will be bound by all the terms of the Settlement Agreement.

 


Who Is Included In The Settlement Class?

The Settlement Class is defined as: all persons and entities residing in the United States who received on or after June 1, 2014, through the date of preliminary settlement approval on a telephone facsimile machine, computer, or other device an unsolicited advertisement from or on behalf of Versa Cardio, LLC. (“Versa” or “Defendant”). If you received a notice by fax, the Defendant’s records show that you are a member of the Settlement Class.

What Is the Lawsuit About?

Robert W. Mauthe, M.D., P.C (“Plaintiff”) brought an action against Versa in the United States District Court for the Eastern District of Pennsylvania, Case: 1:16-cv-00999, alleging that it received unsolicited fax advertisements from Defendant promoting its goods or services that did not contain a proper opt out notice. Plaintiff alleged that these faxes violated the Telephone Consumer Protection Act (“TCPA”). Defendant denies it violated the TCPA and the court has not decided who is right. Versa will vigorously defend the lawsuit if the proposed settlement is not approved. Versa has not admitted fault or liability, but has agreed to settle this action to avoid the costs and uncertainties of litigation.

The Proposed Settlement

Without admitting any fault or liability, and in exchange for a release of all claims against it, if the Settlement is finally approved, Defendant has agreed to fund a $850,000 Settlement Fund. Before making payments to Settlement Class Members, the Settlement Fund will be used to pay notice and administrative expenses, an Incentive Award to the Plaintiff of up to $10,000, attorneys’ fees (an amount not to exceed 1/3 of the Settlement Fund) and reasonable litigation expenses. Each Settlement Class Member who submits a valid claim will receive an equal share of the Settlement Fund after these deductions. Your share of the Settlement Fund depends on how many Settlement Class Members submit Claim Forms. This notice is being sent to approximately 306,887 Settlement Class Members. Based on the experience with other similar settlements, Class Counsel estimate that your share will be approximately $29.00.


More details are in a document called the Settlement Agreement, which you can access by clicking here.


How Do I Make a Claim?

Claim Forms can be submitted electronically, by mail, by or fax. Your Claim Form must be submitted by March 17, 2019 to receive payment.

 

Claims submitted by mail should be sent to:

VC TCPA SETTLEMENT ADMINISTRATOR
C/O A.B. Data, Ltd.
P.O. BOX 170500
MILWAUKEE, WI 53217

 

Claims submitted by fax should be sent to:

414-961-7423


Fairness Hearing

The Court has scheduled a Final Approval Hearing before the Honorable Jeffrey L. Schmehl on June 21, 2019 at 9:30 AM, 4th Floor of the United States District Courthouse for the Eastern District of Pennsylvania, 400 Washington Street, Reading, PA 19601. You or your attorney may attend this hearing if you desire and request to address the Court regarding any matters relating to this Settlement.


How Do I Get More Information?

More information is available in the documents posted on this website. You may also inspect the pleadings and other papers that have been filed in this case at the office of the Clerk of the Court, U.S. District Court for the Eastern District of Pennsylvania, 601 Market St., Philadelphia, PA 19106. If you have questions about the notice or the proposed Settlement, you may contact Settlement Class Counsel.


Class Counsel

 

Elizabeth Ryan, John Roddy
BAILEY & GLASSER LLP
99 High Street, Suite 304
Boston, MA 02110

 

Edward A. Broderick, Anthony I. Paronich
BRODERICK & PARONICH, P.C.
99 High Street, Suite 304
Boston, MA 02110

 

Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE
1 South Avenue, Suite 3
Natick, MA 01760

 

Richard Shenkan
SHENKAN INJURY LAWYERS, LLC<
6550 Lakeshore Street
West Bloomfield, MI 48323

 

adobe reader imageYou will need Adobe Reader to view documents on this site. You can learn more about Adobe Reader and download the latest version by clicking here.