Arkin v Smith TCPA Settlement

Arkin v Smith TCPA Settlement Website

Case Summary

Civil Action No. 18-CH-000984

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.

Pursuant to their rights under the Settlement Agreement, on May 13, 2019, Defendants terminated the settlement. On June 7, 2019, the Court decertified the Class it certified on January 25, 2019. After Defendants file an affidavit confirming this notice has been distributed to the Class, Plaintiff will voluntarily dismiss this case pursuant to its obligations under the Settlement Agreement.

After Defendants file an affidavit confirming this notice has been distributed to the Class, this case will no longer proceed as a class action, and the Class Members’ individual rights and claims are no longer being addressed or resolved in this lawsuit. You should be aware that a four-year statute of limitations applies to claims under the TCPA, and you should consult an attorney to protect your rights. The proposed Settlement is canceled. If you were a member of the Class, and you filed a Claim Form after receiving the previously issued Notice in this Action, you will not receive a monetary payment pursuant to the now-terminated settlement. Defendants will not be released from liability for any claims you believe you may have against them for receipt of one or more advertisements by facsimile from September 26, 2013 through January 25, 2019. Your individual interests are no longer represented by the lead Plaintiff, or Plaintiff’s Counsel, in this action. If you have any questions, you may contact the Settlement Administrator toll-free at 1-866-458-3788.