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