Family Medicine Pharmacy, LLC v. Impax Laboratories, Inc.
No. 1:17-cv-00053 (S.D. Ala.)

Frequently Asked Questions

 

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  • You received a notice because the records of Defendant Impax Laboratories, Inc. ("Impax" or "Defendant") show that you may have received an unsolicited fax advertisement from Impax and therefore you may be a member of the Settlement Class.

  • Plaintiff Family Medicine Pharmacy LLC ("Plaintiff") sued Impax, alleging that it received unsolicited facsimile advertisements sent by the Defendant promoting Defendant's goods and/or services, without prior consent or an established business relationship, in violation of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. & 227. Plaintiff sought to represent  a class of persons to whom  Defendant sent the allegedly unsolicited facsimile advertisements. Defendant denies these allegations but has agreed to settle these claims solely to avoid the costs and uncertainties of litigation. Defendant will vigorously defend the lawsuit if the proposed settlement is not approved. Plaintiff has brought this action on behalf of itself and the Settlement Class.

  • The Court has appointed McFerrin Law Firm LLC and Zarzaur Mujumdar & Debrosse to represent the Settlement Class. Counsel for Plaintiff and the Settlement Class Members may be contacted at:

    McFerrin Law Firm LLC, 3117 Manitou Lane, Birmingham, Alabama 35216; Tel.: (205) 910-8597, Fax: (205) 637-7212

    And

    Zarzaur Mujumdar & Debrosse, 2332 2nd Avenue North, Birmingham, Alabama 35203; Tel.: (205) 983-7985, Fax: (888) 505-0523.

  • The parties to the lawsuit have agreed to settle after extensive negotiations. Under the proposed settlement, Defendant has agreed to (1) pay a total of $4,815,700 to settle the claims of Plaintiff and the Settlement Class ("the Settlement Amount") and (2) pay up to $75,000.00 towards reasonable costs of notice and settlement administration costs ("Administrative Costs"). If the settlement is approved by the Court, the Settlement Amount will cover an incentive award to the Plaintiff, Family Medical Pharmacy LLC, for its service as a class representative (up to $20,000.00), attorneys' fees to Counsel for Plaintiff and the Settlement Class (up to 1/3 of the Settlement Amount less Administration Costs), plus any Administration Costs in excess of $75,000. After these amounts are deducted from the Settlement Amount, each Settlement Class Member who submits a valid claim by January 5, 2018 will receive a pro rata share of the Remaining Distributable Settlement Fund not to exceed $500.00 per fax transmission. Your share of the Distributable Settlement Fund depends on how many Settlement Class Members submit Claim Forms and how many allegedly violative faxes (in the aggregate) they claim to have received.

  • Remain a member of the Settlement Class and submit a Claim Form to receive a portion of the Distributable Settlement Fund. In order to receive a cash payment under this settlement, you must fully complete and submit the Claim by January 5, 2018.You may submit a Claim Form by going to the Claim Filing page, or you may download and print a paper copy from the Important Documents page, and follow the instructions on the Claim Form. The paper Claim Form should be mailed to FMP v. Impax Laboratories Settlement Administrator, PO Box 6998 Broomfield, CO 80021 or faxed to 1-866-249-8783.

  • If you do not wish to participate in the Settlement, you may exclude yourself from the Settlement by sending (via US MAIL) a letter of notice of your intent to be excluded from the Settlement to the Settlement Administrator, JND Class Action Administration, PO Box 6998, Broomfield, CO 80021 . The notice of exclusion must state your name (or the name of your company), address, the fax number at which you were sent a fax from Defendant, the case name and number, and state that you wish to be excluded from the Settlement Class. The Notice of Exclusion must be postmarked on or before January 5, 2018 or you will remain a Settlement Class Member. If you exclude yourself from the Settlement, you will not be eligible to receive a payment from the settlement fund and you will not be releasing any claims you may have against Defendant.

  • You have the right to tell the Court that you object to the Settlement or some part of it by filing a written objection with the Clerk of the Court advising the Court of your objection. If you wish to object to the Settlement, you must remain a member of the Settlement Class and you cannot exclude yourself from the Settlement Class. Either on your own or through an attorney you can file an objection explaining why you think the Court should not approve the settlement. You must file the objection with the Clerk of the United States District Court, Southern District of Alabama, United States Court House, 113 St. Joseph Street, Mobile, AL 36602.The objection must contain the case name and number - Family Medicine Pharmacy, LLC v Impax Laboratories, Inc., No. 1:17-cv-00053 - at the top; your name, address and the fax number to which you were sent the fax by the Defendant; a statement of your objection to the Settlement Agreement, an explanation of the legal and factual basis for the objection; and documentation, if any, to support your objection. The objection must be filed with the Clerk of the Court on or before January 5, 2018. The Court will consider your objection if you properly submit an objection on time. You must also mail a copy of your objection to Plaintiff's Counsel at: McFerrin Law Firm LLC, 3117 Manitou Lane, Birmingham, Alabama 3521 Tel.: (205) 910-8597, Fax: (205) 637-7212 and Zarzaur Mujumdar & Debrosse, 2332 2nd Avenue North, Birmingham, Alabama 35203 Tel.: (205) 983-7985, Fax: (888) 505-0523 and to Defendants' Counsel at: S. Stewart Haskins II, Zachary A. McEntyre, Anush Emelianova, King & Spalding LLP, 1180 Peachtree Street, NE, Atlanta, GA 30309, Tel: (404) 572–4600, Fax: (404) 572–5100.

  • You are not required to take any action and may simply do nothing. If you do nothing you will remain a member of the Settlement Class but you will not receive any recovery and will be bound by all the terms of the Settlement Agreement including, but not limited to, a release of any claims you may have against Defendant for allegedly sending you an unsolicited fax advertisement. 

  • If the settlement becomes final, you will be releasing Defendant and the Released Parties for any claims you may have against them under the TCPA, any comparable statutes of any state, and any other federal or state statutory, regulatory, or common law, and for relief under any equitable theory that was asserted or could have been asserted based on or relating to the transmission of unsolicited advertising facsimiles to you by Defendant. This release is more fully explained in the Settlement Agreement, which is available to download from the Important Documents page.

  • The Court has scheduled a final approval hearing for March 6, 2018 at 10:00 a.m. in the United States District Court, Southern District of Alabama, 113 St. Joseph Street, Mobile, AL 36602. You do not have to appear at this hearing. You or your attorney may attend this hearing if you desire and may request to address the Court regarding any matters relating to this Settlement.

  • The information included in the website is intended only as a summary of the lawsuit and proposed settlement. It is not a complete statement of the lawsuit or the proposed settlement. More details are available by reading the documents found on the Important Documents page. You may inspect the the pleadings and other papers (including the proposed Settlement Agreement) that have been filed in this case number, 1:17-cv-00053, at the office of the Clerk of the Court, United States District Court, Southern District of Alabama, 113 St. Joseph Street, Mobile, AL 36602.

  • The Settlement Administrator cannot take address updates over the phone. To update your address, you may use the Email Form on the Contact Us page to submit your address update. Please include the case name, Family Medicine Pharmacy, LLC v. Impax Laboratories, Inc., and your old mailing address for verification purposes.

For More Information

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Mail

FMP v. Impax Laboratories Settlement Administrator
c/o JND Class Action Administration
PO Box 6998
Broomfield, CO 80021