This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Craftwood Lumber Company v. Senco Brands Inc., Case No. 14-CV-06866.
On June 9, 2017, the United States District Court gave final approval to the settlement. The court's final approval order found that the proposed settlement was fair and reasonable, that class members had been provided adequate notice of the class action and proposed settlement, that class counsel's motion for attorneys' fees and reimbursement of expenses should be granted, and that Craftwood Lumber Company's motion for incentive award should be granted. The court entered judgment for the class on the basis of the final approval order and settlement.
The court ordered distributions to all class members to be made no later than July 27, 2017.
NATURE OF THE SETTLEMENT
Plaintiff Craftwood Lumber Company (“Plaintiff”) sued Senco Brands, Inc. (“SBI”), alleging that SBI violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 ( “TCPA”), by sending unsolicited facsimile advertisements and facsimile advertisements that do not comply with the TCPA’s opt-out notice requirements. The TCPA permits a person to whom such advertisements are sent to bring legal action against the sender and recover either actual damages or statutory damages of $500 per violation. The TCPA also permits a court to increase the statutory damages up to a maximum of $1,500 per violation if it is established that the defendant willfully and/or knowingly violated the TCPA. SBI denies that it violated the TCPA and will defend the lawsuit if the proposed settlement is not approved.
The Court has not decided who is right. SBI has agreed to settle this action to avoid the costs and uncertainties of litigation. Plaintiff has agreed to settle because it believes that the settlement is in the best interests of the Settlement Class and provides substantial benefits to class members without the risk of continued litigation.
THE SETTLEMENT CLASS
A settlement has been reached in this class action lawsuit against Defendant Senco Brands, Inc. (“SBI”), about fax advertisements sent by SBI on and after September 5, 2010. The Court presiding over the lawsuit has preliminarily approved the settlement and certified the Settlement Class, defined as:
All subscribers of facsimile telephone numbers to which SBI transmitted, on or after September 5, 2010,one or more facsimiles, as recorded in Senco024902 attached as Exhibit 1 to the Class Action Settlement Agreement (the “Faxes”).
If you are a class member – a “subscriber” of a fax telephone number to which SBI sent Faxes during the “Class Period” – you are entitled to receive a payment from the settlement.