You may be entitled to a payment from a class action settlement.
All persons or entities who received one or more facsimiles in Illinois between September 27, 2012 and September 27, 2016, offering educational dinner seminars sponsored by Janssen and identifying the Health-Scripts® brand or PromoLogics or Janssen, and which were caused to be sent by PromoLogics.
WHAT IS THIS LAWSUIT ABOUT? You probably don’t know anything about this class action lawsuit. The two named plaintiffs, America’s Health Resource Center, Ltd. and Affiliated Health Group, Ltd. (“Plaintiffs”), filed a class action case alleging that the defendants, PromoLogics, Inc. (“PromoLogics” or “HealthScripts”) and Janssen Pharmaceuticals, Inc. (“Janssen”) (collectively, “Defendants”), sent unsolicited advertisements by facsimile between September 27, 2012 and September 27, 2016 (the “Faxes”). Plaintiffs alleged that Defendants violated the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) by sending those faxes without prior express invitation or permission. Defendants denied Plaintiffs’ material allegations, including that the faxes are advertisements subject to the TCPA and raised various defenses. Plaintiffs originally filed the case in federal court, but dismissed that case and re-filed it here. Neither Court ruled in favor of or against any party on the merits of the claims, but the parties have reached the proposed settlement announced here.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
1. Return a completed Claim Form. To receive a share of the Settlement Funds, you must complete and return a signed Claim Form by mail or fax postmarked by, or submit your claim online on or before January 25, 2021, as evidenced by postmark or other identifiable date of transmission. The Claim Form is included with the Notice. If your claim is approved, you will be mailed a check for your share of the Settlement Fund once the Settlement becomes final and either the time for appeal is over or, in the event of an appeal, the appeal is finally resolved with the court affirming the Settlement and the time for further appeal has concluded. Please be patient.
2. Do nothing. If you do nothing, you will stay in the Settlement Class, be bound by any judgment entered by the Court, and you will release your claims against Defendants about the September 27, 2012 to September 27, 2016 faxes at issue, but you will receive no payment.
3. Exclude yourself from the Settlement Class and the Settlement. You can exclude yourself from the class action and the Settlement (or “opt out”) by mailing a written request to the Settlement Administrator at AHRC v. PromoLogics Settlement, c/o Settlement Administrator, P.O. Box 40, Warminster, PA 18974-0040. That request must be postmarked on or before January 25, 2021, and it must list your name, the fax number(s) at which you believe you received the Faxes, street address, and the name and number of this case. You must sign your request for exclusion and mail copies, postmarked by the same date, to:
For the Settlement Class:
Phillip A. Bock
Bock, Hatch, Lewis
& Oppenheim, LLC
134 N La Salle St, Ste 1000
Chicago, IL 60602
Bradley J. Andreozzi
Faegre Drinker Biddle &
191 N Wacker Dr, Ste 3700
Chicago, IL 60606-1698
4. Object to the settlement in writing. If you object to the Settlement, and wish to file an objection rather than excluding yourself, you must submit your objection in writing to the Clerk of the Circuit Court of Lake County, 18 N. County St., Waukegan, Illinois 60085. Your objection must be postmarked by January 25, 2021. You must also serve copies of your objection and any supporting memoranda or materials on each of the attorneys for the Settlement Class and for Defendants listed above, postmarked by the same date. Your objection must be signed under penalty of perjury and must identify (1) the case name and number, your name, address, fax number(s) at which you received the Faxes, and telephone number, (2) the specific date(s) when you received one or more of the Faxes, (3) all attorneys who assisted you in the preparation or filing of your objection, (4) a list of all other class action cases in which you or your attorneys have submitted an objection to a settlement, including case name, court, case number, and how much, if any amount, was paid in connection with the objection, and (5) a statement of the reasons why you believe the Court should find that the proposed settlement is not fair, reasonable, adequate, and in the best interests of the Settlement Class. If your objection does not comply with these requirements, the Court will strike and disregard your objection. If you file an objection and wish to present it to the Court in person, then you must appear at the final approval hearing before Judge Daniel L. Jasica in Courtroom C-406 of the Circuit Court of Lake County, 18 N. County St., Waukegan, Illinois 60085 on February 11, 2021, at 9:00 a.m. You are not required to attend this hearing in order for your objection to be considered by the judge. If you submit an objection in writing by the postmark date, then the judge will review and consider your objection.