FAX CAN BE COSTLY: Indegene, Inc. to Pay Up To $4,717,250 to Settle Junk Fax TCPA Class Action

Law Conference of Champions V ticket prices as I type: $519.00 (and rising.)

Tough though it may be for many to believe, faxes still continue to be a major component of marketing in certain industries– particularly health and pharmaceutical. And when marketing faxes are sent without the proper level of consent that can be a huge problem under the TCPA– with damages between $500.00 and $1,500.0 per fax!

The law firm of Anderson + Wanca are the undisputed kings of the Plaintiff’s bar when it comes to enforcing the TCPA’s junk fax provisions. These guys have brought a ton of cases over the years and continue to deliver big settlements even in an era when the idea of sending a fax seems a little silly to most people.

In their latest 7 figure score, Anders + Wanca represented PROGRESSIVE HEALTH AND REНАР СОRP., in a suit against Indegene, Inc.

Indegene hired #biglaw to defend it and–predictably–ended up having a big loss– agreeing to pay nearly $5mm to settle the claims of just 18,869 class members.

The class definition was:

All persons or entities who were successfully sent a Fax, on or about
February 7, 2020, that states “Medical Record Review of the Impact of
Adverse Events Associated with the Use of Current anti-Parkinson’s Disease
Medications on Patient Clinical Therapeutics and Outcomes Trajectories in
the U.S.” and offers an honorarium of $250 per eligible patient

Notice the fax title appears to be informational in nature but the underlying purpose of the fax was potentially marketing. These fine lines lead some defendants to settle winnable cases– and that may have been what happened here.

Have you caught Episode 56 of the Deserve to Win podcast with Queenie returning and an interview with Stan Pavlovsky yet? The guy is a pay-per-call legend and its so fun to see Puja back after becoming a first-time mama! Watch it right now.

Chat soon!