Degnen-Komet Settlement
www.DegnenKometSettlement.com

OVERVIEW

General Information

Suzanne Degnen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry (“Plaintiff” or “Class Representative”) filed a putative class action lawsuit (“Action”) against Komet USA, LLC (“Defendant”) alleging that Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”) by sending fax advertisements that did not contain the required opt-out notice and without prior express consent of Plaintiff and the putative class members. The class action is called Suzanne Degnen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry v. Komet USA, LLC, Case No. 1511-CC00766-01, and is pending in the Missouri Circuit Court for the Eleventh Judicial Circuit, County of St. Charles.

A proposed settlement has been reached in the Action.

You are a Settlement Class Member if you are a resident of the United States and, between September 11, 2011, and March 6 2017, were sent a telephone facsimile message of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendant, AND

  • You did not provide prior express invitation or permission for the sending of such Fax Advertisement AND you did not have an established business relationship with Defendant; OR
  • The Fax Advertisement (a) did not display a clear and conspicuous opt-out notice on the first page stating that the recipient may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply, within 30 days, with such a request meeting the requirements under 47 C.F.R. § 64.1200(a)(4)(v) is unlawful, (b) lacked a telephone number for sending the opt-out request, or (c) lacked a facsimile number for sending the opt-out request.

On July 10, 2017, the Court held a Final Approval Hearing and issued a Final Approval Order and Judgment approving the Settlement. Settlement Class Members who submit a timely claim that satisfies the requirements set forth in the Notice will receive a $90.00 product voucher valid for one year.


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 (or the Released Parties defined in the Settlement Agreement) 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 A Claim Form by
September 8, 2017
You will receive a $90.00 product voucher 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 (or the Released Parties defined in the Settlement Agreement) 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 here.
Ask to be Excluded by
June 5, 2017

(Passed)
You will not receive a benefit from the Settlement.

You will keep the ability to sue the Defendant (or the Released Parties defined in the Settlement Agreement) 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 the Defendant (or the Released Parties) 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
June 5, 2017

(Passed)
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 Fairness Hearing in this case on July 10, 2017, to consider whether to approve the Settlement and the request by the lawyers representing Settlement Class Members for attorneys’ fees and costs. To object to the Settlement or the application for attorneys’ fees and costs, you must timely file a written objection meeting the requirements set forth in the Notice. If you have filed such an objection, you also may appear at the hearing to explain your objection further.