January 30, 2017
On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims. Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were sent without the prior express written consent of the plaintiff. In addition, the plaintiff alleged that the defendant’s unsolicited fax advertisements were sent without the requisite opt-out notice mandated by the TCPA. The parties’ settlement, according to the recitals contained in the settlement agreement and release, was spurred in part by the United States Court of Appeals for the D.C. Circuit’s review of the Federal Communications Commission rule requiring opt-out notices on fax advertisements.
What are the Terms of the Fax TCPA Class Action Settlement?