Information Intersection > Troutman Sanders LLP

Medical Services Company to Pay $9.25M in TCPA Class Action Settlement

Posted: December 16, 2016

BY JULIE D. HOFFMEISTER AND DAVID N. ANTHONY

The United States District Court for the Eastern District of Louisiana recently granted final approval of a $9.25 million Telephone Consumer Protection Act class action against Advanced Care Scripts, Inc. (“ACS”).

According to the class action complaint, ACS engages in the management and dispensing of specialty medications and oral oncology products.  To advertise their services, ACS allegedly blasted thousands of junk faxes to businesses, including the named plaintiff, Jefferson Radiation Oncology, LLC, without obtaining the businesses’ prior express consent to do so.

After engaging in litigation for nearly a year, the parties reached a class action settlement consisting of a $9.25 million settlement fund, with $20,000 being awarded to the class representative and $1.85 million for attorneys’ fees.  The settlement class consists of “all persons and entities that received facsimile transmission from Advanced Care Scripts or its vendor that advertise, promote, or describe Advanced Care Scripts’ products or services and do not contain” an opt-out notice advising recipients of their right to stop future junk faxes.  The class consists of approximately 24,000 individuals and entities.  No members of the settlement class objected to the proposed settlement, and only one class member opted out.

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