Orrington v Mesa Labs TCPA Settlement

  1. Why did I get a Notice?
  2. What is this lawsuit about?
  3. What is a class action and who is involved?
  4. What are the Plaintiff’s claims in the lawsuit?
  5. Am I part of this Class?
  6. What is the proposed Settlement?
  7. What benefits does the Settlement provide to Class Members?
  8. What are the Settlement’s Provisions Regarding Attorneys’ Fees, Costs and Expenses?
  9. Does the Settlement authorize any incentive payments to the Class Representatives?
  10. How do I Receive a Payment?
  11. What happens if I do not file a Claim Form?
  12. Can I exclude myself from the Settlement?
  13. When and where will the Final Approval Hearing be held?
  14. What will the Court consider at the Final Approval Hearing?
  15. Do I have to come to the Final Approval Hearing to recover money?
  16. If I do not like the Settlement, how can I object to it?
  17. Do the Class Members have a lawyer in this case?
  18. Should I get my own lawyer?
  19. Are more details available?
  1. Why did I get a Notice?

    The Notice explains that Mesa and the Class have reached a class action settlement that may affect you if you are a member of the Class. You have legal rights and options that you may exercise. Judge Andrea R. Wood of the United States District Court for the Northern District of Illinois is overseeing this class action. The lawsuit is known as James L. Orrington, II, DDS, P.C. v. Mesa Laboratories, Inc., Case No. 18-C-841.

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  2. What is this lawsuit about?

    James L. Orrington, II, DDS, P.C. (“Plaintiff”) sued Mesa Laboratories, Inc. (“Mesa” or “Defendant”) alleging that Plaintiff received an unsolicited fax advertisement promoting Defendant’s goods or services that did not contain a proper opt-out notice. Plaintiff’s complaint sets forth five counts alleging violations of the Telephone Consumer Protection Act (“TCPA”), the Illinois Consumer Fraud Act (“ICFA”), conversion, nuisance and trespass to chattels. Defendant denies these allegations and has raised certain defenses, but agreed to settle to avoid the expense, burden, and uncertainty of further litigation. 

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  3. What is a class action and who is involved?

    In a class action lawsuit, one or more people called “Class Representatives” (in this case James L. Orrington, II, DDS, P.C.) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The Class Representatives who sued are called the Plaintiffs. The company they sued (in this case, Mesa) is called the Defendant. One court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the Class.

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  4. What are the Plaintiff’s claims in the lawsuit?

    James L. Orrington, II, DDS, P.C. (“Plaintiff”) sued Mesa Laboratories, Inc. (“Mesa” or “Defendant”) alleging that Plaintiff received an unsolicited fax advertisement promoting Defendant’s goods or services that did not contain a proper opt-out notice. Plaintiff’s complaint set forth five counts alleging violations of the Telephone Consumer Protection Act (“TCPA”), the Illinois Consumer Fraud Act (“ICFA”), conversion, nuisance and trespass to chattels. Defendant denies these allegations and has raised certain defenses, but agreed to settle to avoid the expense, burden, and uncertainty of further litigation.

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  5. Am I part of this Class?

    The Class consists of: all persons and entities in the United States who, on or after February 1, 2014 through December 7, 2018, were sent advertisements via facsimile by or on behalf of Mesa Labs promoting its goods or services for sale and is intended to include all persons in the United States whose ink, toner, and paper was deliberately, unintentionally, or otherwise negligently converted, or whose possession of their facsimile equipment was deliberately, unintentionally, or otherwise negligently interfered with or invaded, or whose right to privacy was deliberately, unintentionally, or otherwise negligently violated, pursuant to the receipt of one or more advertisements sent via facsimile by or on behalf of Mesa Labs.

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  6. What is the proposed Settlement?

    Mesa has agreed to fund a $3,300,000 Settlement Fund. Before making payments to Settlement Class Members, the Settlement Fund will be used to pay notice and administrative expenses, up to a $10,000 incentive award to James L. Orrington, II, DDS, P.C. as approved by the court, and attorneys’ fees (in an amount not to exceed 1/3 of the Settlement Fund, less the cost of notice and administration) as approved by the court. Each Class Member who submits a valid claim will receive an equal pro rata share of the Net Settlement Fund. Your share of the Settlement Fund depends on, among other things, how many Settlement Class Members submit Claim Forms. 

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  7. What benefits does the Settlement provide to Class Members?

    If you are a part of this “Settlement Class” and you wish to receive a payment, then you must complete the Claim Form and submit it online, by fax to 1-866-506-8247, or mail to James L. Orrington, II, DDS, P.C. v. Mesa Laboratories, Inc. Class Administrator, P.O. Box 404102, Louisville, KY 40233-4102.  Claim Forms must be postmarked or submitted online by April 15, 2019 to receive a payment. The value of each individual settlement payment cannot be determined until the Claims Deadline has passed, all claims have been verified, and any appeals have been resolved. If your payment exceeds $599.99, you may be required to complete and submit a W-9.

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  8. What are the Settlement’s Provisions Regarding Attorneys’ Fees, Costs and Expenses?

    No amounts have yet been approved by the Court.  Class Counsel is required to file their fee petition by March 18, 2019, twenty-eight days prior to the deadline for Class Members to submit objections.  The Parties agree that the Court (and only the Court) shall determine the final amount of the Fee Award in this Action.  In the Motion for Final Approval, Class Counsel will request an amount not to exceed 1/3 of the Settlement Fund, less the cost of notice and administration.

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  9. Does the Settlement authorize any incentive payments to the Class Representatives?

    Yes. If the Settlement is approved, the Court will determine the Incentive Award for the Settlement Class Representative.  In the Motion for Final Approval, Class Counsel will request a $10,000 Incentive Award for James L. Orington, II, DDS. P.C.

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  10. How do I Receive a Payment?

    If you are a Class Member, you must complete the Claim Form and either submit it online, by fax to 1-866-506-8247, or mail to James L. Orrington, II, DDS, P.C. v. Mesa Laboratories, Inc. Class Administrator, P.O. Box 404102, Louisville, KY 40233-4102.  Claim Forms must be postmarked, faxed, or submitted online by April 15, 2019 to receive a payment. The value of each individual settlement payment cannot be determined until the Claims Deadline has passed, all claims have been verified and any appeals have been resolved. If your payment exceeds $599.99, you may be required to complete and submit a W-9.  Click here to submit the Claim Form online.  

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  11. What happens if I do not file a Claim Form?

    If you do nothing, you will remain a member of the class, but you will not receive a share of the Settlement Fund.  You will be bound by the judgment and you will release all claims against the Defendant and the “Released Parties" as defined in the Settlement Agreement.

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  12. Can I exclude myself from the Settlement?

    Yes.  If you do not wish to participate in the Settlement, you may exclude yourself from it by April 15, 2019, by sending via US Mail a letter to Class Counsel at Edelman Combs Latturner & Goodwin, LLC, 20 S. Clark Street, Suite 1500, Chicago, IL 60603, fax: (312) 419-0379, and the Class Administrator, James L. Orrington, II, DDS, P.C. v. Mesa Laboratories, Inc. Class Administrator, P.O. Box 404102, Louisville, KY 40233-4102. The Notice of Exclusion must state your name or your company’s name, address, the fax number at which you were sent the fax, the case name and number, and a signed statement providing that: “I hereby request that I be excluded from the proposed Settlement Class in the Litigation.” If you exclude yourself from the Settlement, you will not receive a payment and you will not release any claims against the Defendant and the “Released Parties” as defined in the Settlement Agreement.  Your request for exclusion must be postmarked by April 15, 2019 to be valid.

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  13. When and where will the Final Approval Hearing be held?

    The Final Approval Hearing is scheduled before Judge Andrea R. Wood on May 24, 2019 at 9:00 a.m. in Courtroom 1925 of the United States District Courthouse for the Northern District of Illinois at 219 S. Dearborn St., Chicago, IL 60604.

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  14. What will the Court consider at the Final Approval Hearing?

    At the Final Approval Hearing, the Court will consider and determine whether the provisions of the Settlement Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Settlement Agreement should be overruled, whether the requested Fee Award to Class Counsel and the requested Incentive Payment to the Named Plaintiff should be approved, and whether a judgment finally approving the Settlement Agreement should be entered.

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  15. Do I have to come to the Final Approval Hearing to recover money?

    No. You are not required to come to the Final Approval Hearing. But to recover money you must submit a Claim Form no later than April 15, 2019.

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  16. If I do not like the Settlement, how can I object to it?

    If you do not exclude yourself, you can file an objection, either on your own or through an attorney, explaining why you think the Court should not approve the Settlement. The objection must contain the case name and number; your name and address; the fax number to which you were sent the fax; a statement of your objection; an explanation of the legal and factual basis for the objection; and documentation, if any, to support your objection. The objection must be filed by April 15, 2019 with (1) the Clerk of the United States District Court, Northern District of Illinois, 219 S. Dearborn, Chicago, IL 60604; and sent to (2) Daniel A. Edleman and Dulijaza (Julie) Clark, Edelman Combs Latturner & Goodwin, LLC, 20 S. Clark St., Suite 1500, Chicago, IL 60603; and (3) Martin W. Jaszczuk and Seth H. Corthell, Jaszczuk P.C., 311 S. Wacker Dr., Suite 3200, Chicago, IL 60606.

     

    You have the right to consult and/or retain an attorney of your choice at your own expense, to advise you regarding the settlement and your rights in connection with the Settlement and the Final Approval Hearing. 

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  17. Do the Class Members have a lawyer in this case?

    The Court appointed Daniel A. Edelman and Dulijaza (Julie) Clark from Edelman Combs Latturner & Goodwin, LLC to represent the Settlement Class as Class Counsel.

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  18. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. You will be responsible for paying that lawyer.

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  19. Are more details available?

    More information is available at www.edcombs.com

    You may also inspect the pleadings and other papers that have been filed in this case at the office of the Clerk of the Court, U.S. District Court for the Northern District of Illinois, 219 S. Dearborn St., 20th Floor, Chicago, IL 60604 or through PACER. If you have questions about this notice or the proposed Settlement, you may contact Settlement Class Counsel.

    THE COURT AND THE DEFENDANT CANNOT PROVIDE INFORMATION.

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