Class Eligibility

Class” or “Class Members” means all individuals or entities in the United States who subscribed to a telephone facsimile number from September 11, 2011, through the date of preliminary approval to which a Fax Advertisement was sent by or on behalf of Defendant during that time period: (1) with respect to whom Defendant cannot provide evidence of prior express invitation or permission for the sending of such faxes and with whom Defendant does not have an established business relationship; or (2) which 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) lacked a telephone number for sending the opt-out request, or (c) lacked a facsimile number for sending the opt-out request.

Estimated Amount

$90

The settlement will be paid via product vouchers

Proof of Purchase

Fax #

Case Name

Suzanne Degnen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry v. Komet USA,
Case No. 1511-CC00766-01
Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles

Case Summary

Plaintiff claims that Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”) by sending fax advertisements that did not contain the required opt-out notice and without prior express consent of Plaintiff and the putative Class Members. Defendant denies wrongdoing or liability of any kind related to Plaintiff’s claim but has agreed to settle the case for the sole purpose of avoiding the uncertainties, expenses, and time of further litigation.

Settlement Pool

N/A

Deadline

9/8/2017

Contact


Degnen-Komet Settlement
c/o Garden City Group LLC (GCG)
P.O. Box 10367
Dublin, OH 43017-5567

4 responses to “Komet USA Junk Fax Class Action Settlement”

  1. Mel Stevens says:

    I’m tired of getting these faxes. I wish this company well but I am tired of junk mail clogging up my system. Thank you

    • Ronald J. Eisenberg, Esq. says:

      Dear Mel:

      Thanks for your comment. That’s part of why I file these cases. There’s a federal law, the TCPA, that covers robocalls, junk faxes, and text message spam. Unfortunately, emails are governed by the CAN SPAM Act which does not include a provide right of action. A private right of action allows an individual to file suit as opposed to only the government.

      Regards,

      Ronald J. Eisenberg
      Schultz & Associates LLP
      640 Cepi Drive, Suite A
      Chesterfield, MO 63005
      http://www.sl-lawyers.com
      Direct: (636) 733-6647

  2. anita Temple says:

    every other day I receive a fax or a call on my phone from some company trying to sell me something .make it stop

    ADMIN – Hi Anita,

    I seriously doubt you got one from Komet

  3. Kathy Neal says:

    How do I get a claim number. I have received faxes from them at my business. It has since closed

    ADMIN – Hi Kathy,

    You contact the class action administrator.

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