Komet USA Junk Fax Class Action Settlement
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.
The settlement will be paid via product vouchers
Proof of Purchase
Suzanne Degnen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry v. Komet USA,Case No. 1511-CC00766-01Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles
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.