Who is a Class Member
- Class members of the B.E. Atlas Unsolicited Fax Advertisements Settlement include: “all subscribers of facsimile telephone numbers to which there was a successful transmission of one or more facsimiles sent on behalf of Defendant in one or more of the following facsimile broadcasts transmitted by WestFax, Inc.:
- BFX- 36546465 (on 9/9/13),
- BFX-43991200 (on 3/10/14)
- BFX-47589668 (on 6/02/14)
- BFX-51651780 (on 9/08/14)
- BFX- 56155221 (on 12/18/14)
- BFX-58774115 (on 2/16/15)
- BFX-60293977 (on 3/18/15)
- BFX-63857784 (on 6/01/15)
- BFX- 68778809 (on 9/15/15)
- BFX-76359603 (on 3/08/16)
- BFX-80142887 (on 6/16/16)
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Settlement payments will be determined by the number of faxes that were sent to class members’ fax telephone numbers in relation to the total faxes sent to all class members.
Proof of Purchase
Class Member Information Form
B.E. Atlas Unsolicited Fax Advertisements Settlement Notes
- Craftwood Lumber Company, et al. v. B.E. Atlas Company, et al.
- Case No. 1:16-cv-07865
- Pending in the U.S. District Court for the Northern District of Illinois, Eastern Division
Plaintiff Craftwood Lumber Company filed this class action lawsuit against B.E. Atlas alleging the plumbing supply company violated the Telephone Consumer Protection Act by sending “junk faxes” advertising services and products on at least two occasions. The lawsuit contends that these unsolicited faxes were sent without obtaining prior express consent from the plaintiff and also did not include Opt-Out Notice Requirements as mandated by the TCPA.
The TCPA was enacted into law over 20 years ago and prohibits advertisers from transmitting fax advertisements without obtaining prior express permission of the recipient. In 2005, Congress strengthened the law to include the Junk Fax Prevention Act in response to a growing number of business and consumers voicing their frustration with unsolicited fax advertisements. The law now requires advertisers to include in their fax ads a “clear and conspicuous” notice that discloses to recipients their right to stop future junk faxes and how to do so.
Business that fail to adhere to TCPA law can face hefty fines upwards of $1500 per violation.
Under the terms of the B.E. Atlas unsolicited fax advertisements settlement, B.E. Atlas has agreed to pay $600K to resolve all claims. Class administration expenses, attorneys’ fees, court costs, and plaintiff service awards, if any, will be deducted from the settlement fund with the remainder to be distributed to class members who submit a timely and valid Class Member Information Form.
Class members who wish to object to the terms of the settlement must do so by Feb. 9, 2018. Class members who wish to opt out of the settlement must do so by Jan. 5, 2018.
Class members who wish to claim their piece of the $600K settlement do not need to submit a claim form but instead must complete a Class Member Information Form and email or fax it to the Settlement Administrator no later than May 27, 2019.
- N/A: Claim Form Deadline
- 1/5/18: Opt-Out Deadline
- 2/9/18: Objection Deadline
- 3/27/18: Submission of Class Member Information Form Deadline (must be completed in order to receive payment).
- 3/27/18: Final Approval Hearing at 11:00 am CT (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
- Mail: B.E. Atlas Settlement Administrator, c/o Kurtzman Carson Consultants, PO Box 404000, Louisville, KY 40233-4000
- Phone: 1-866-860-8927
- C. Darryl Cordero and Scott O. Luskin of Payne & Fears LLP
- Charles R. Watkins of Guin Stokes & Evans LLC