Komet USA Junk Fax Class Action Settlement
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-CC00766-01Missouri 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
Settlement Website
Deadline
9/8/2017
Contact
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
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
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
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.
I received calls however I’ve moved and all mail wasn’t forwarded please add me.
ADMIN – Hi Tramaine,
I can’t add you.