May 28, 2019

TCPA case settled for $3.3 million

On May 24, 2019, the United States District Court for the Northern District of Illinois approved a settlement class against Mesa Laboratories, Inc. for sending unsolicited advertisements by fax, in violation of the Telephone Consumer Protection Act, 47 U.S.C. §227 and Illinois Consumer Fraud Act, 815 ILCS 505/2.  The dental office plaintiff claimed that the faxes had deprived it of its paper, ink, and toner, had prevented the intended business use of the fax machine, had increased wear and tear on the fax machine, and had caused the plaintiff to incur labor expenses in reading and identifying the source of the faxes.

The settlement provides for a $3.3 million settlement fund to be established by the defendant, with $1,033,333.33 in attorneys’ fees and an incentive award of $10,000 to the named plaintiff to be paid out of the settlement fund.