Arkin v Smith TCPA Settlement

Arkin v Smith TCPA Settlement Website

Case Summary

Civil Action No. 18-CH-000984

If you received a fax advertisement from or on behalf of H.D. Smith, LLC or Smith Medical Partners, LLC, you could receive up to $493.32 as part of a class action settlement.

This lawsuit is about fax advertisements allegedly sent by or on behalf of H. D. Smith, LLC and Smith Medical Partners, LLC (“Defendants”) from September 26, 2013 through January 25, 2019. Plaintiff filed this lawsuit in the Circuit Court of Lake County, Illinois. On behalf of himself and a class of similarly-situated persons, Plaintiff alleged that Defendants violated the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, by faxing advertisements to the Class without their prior express invitation or permission to do so or without displaying a proper opt-out notice. Defendants denied Plaintiff’s allegations and raised defenses. To avoid the costs and expenses of litigation, the parties have agreed to settle all claims relating to the faxes described above.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

 SUBMIT A PROOF OF CLAIM FORM 

 THE ONLY WAY TO GET A SETTLEMENT PAYMENT. Must be postmarked by March 26, 2019.

 DO NOTHING  

 If you do nothing, you will remain in the Settlement Class. You will be bound by the judgment entered by the Court and you will release your claims against the Defendants and the Released Parties, but you will not receive a Settlement Payment.

 ASK TO BE EXCLUDED FROM THE SETTLEMENT  

 If you opt out, you will not receive a Settlement Payment, and you will not be legally bound by anything that happens in this Lawsuit. Must be postmarked by March 25, 2019.

 OBJECT TO THE SETTLEMENT  

 To object, you must file a written objection with the Court and send copies to both Class Counsel and Defendants' Counsel.  Must be postmarked by March 25, 2019

 

The Final Approval Hearing is currently scheduled for April 26, 2019 at 9:15 A.M in Courtroom C-204 in the Circuit Court of Lake County, Illinois, 18 N. County Street, Waukegan, IL 60085.  Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.