If you received a Fax Advertisement from The Compounding Center, Inc. d/b/a TCC Pharma, Inc., between August 12, 2016, and January 29, 2024, a class action settlement may affect your rights. More information about this settlement is set forth in this Notice. Please read it carefully as your rights may be impacted even if you do nothing at all.
A state court in Missouri authorized this Notice.
This is not a solicitation from a lawyer.
William M. Cohen, D.M.D., M.S., Greater St. Louis Periodontics, P.C. d/b/a BPP (“Plaintiff”) filed a putative class action lawsuit (“Action”) against The Compounding Center, Inc. d/b/a TCC Pharma, Inc. (“Defendant”) alleging that Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) by sending to Plaintiff and the putative class members unsolicited fax advertisements that did not contain the required opt-out notice and without prior express invitation or permission or an established business relationship. The class action is called BPP v. The Compounding Center, Inc. d/b/a TCC Pharma, Inc., Case No. 20SL-CC04149, and is pending in the 21st Judicial Circuit Court, State of Missouri, St. Louis County. Defendant denies all allegations.
A proposed settlement has been reached in the Action, and you may be a Settlement Class Member. You are a Settlement Class Member if you are a resident of the United States and, between August 12, 2016, and January 29, 2024, were successfully sent by or on behalf of Defendant to a facsimile number owned by you an unsolicited telephone facsimile transmission describing the commercial availability or quality of any property, goods, or services with respect to whom Defendant cannot provide evidence of prior express permission or invitation for the sending of such faxes, with whom Defendant did not have an established business relationship, and whose facsimile number can be confirmed as having successfully received a facsimile by its presence in the facsimile detail logs produced in the Action.
Excluded from the Class are (a) Defendant and its employees, agents, and representatives; (b) the judge to whom the Action is assigned; and (c) any member of the judge’s staff or immediate family.
If the settlement is finally approved by the Court, Settlement Class Members who submit a timely claim that satisfies the requirements set forth in the Notice will receive up to a $55 payment by check.
Your legal rights are affected whether you act or not and you have a choice to make now:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
Do Nothing | You will get no benefit from the settlement. You will give up any right to ever be a part of any other lawsuit against Defendant that relates in any way to the use of a telephone facsimile machine, computer, or other device to send unsolicited facsimile advertisements to Settlement Class Members. |
Submit A Claim Form by April 29, 2024 | You will receive a payment up to $55 if you submit a timely claim form that satisfies the requirements for making a claim AND the Court finally approves the settlement. You will also give up any right to ever be a part of any other lawsuit against Defendant that relates in any way to the use of a telephone facsimile machine, computer, or other device to send a facsimile advertisement to Settlement Class Members. A claim form is available in the Documents section of this website and may be submitted by mail, or a claim may be submitted online by clicking here. |
Ask to be Excluded by April 29, 2024 | You will not receive a benefit from the settlement. You will keep the ability to sue Defendant in a different lawsuit for the claims at issue in this lawsuit. This is the only option that allows you to ever be part of any other lawsuit against Defendant that relates in any way to the use of a telephone facsimile machine, computer, or other device to send a facsimile advertisement to Settlement Class Members. |
Submit an Objection by April 08, 2024 | You may choose to stay in the lawsuit and the Settlement Class, but object to this settlement. By objecting to the settlement you give up your right to be excluded from the settlement and your right to file your own action. If you object to the settlement, you may ask a lawyer to represent you at your own cost. The Court will hold a Final Approval Hearing in this case on July 16, 2024, to consider whether to approve the settlement and the request by the lawyer representing Settlement Class Members for attorney’s fees and costs and incentive awards to the Class Representatives. To object to the settlement or the application for attorney’s fees and costs or incentive awards, you must timely file a written objection meeting the requirements set forth later in the Notice with the Court and serve a copy on Class Counsel and Defendant’s counsel at the addresses listed in FAQ 13.If you have filed such an objection, you must appear in person or by counsel at the Final Approval Hearing on July 16, 2024. |
Upcoming Important Dates
Notification Fax Sent
2/29/2024
Objection Deadline
4/8/2024
Claim Deadline
4/29/2024
Opt Out Deadline
4/29/2024
Final Approval Hearing
7/16/2024