Radha Geismann, M.D., P.C., et al v. Rexall, Inc. and Corporate Mailings, Inc.

Radha Geismann, M.D., P.C., et al v. Rexall, Inc. and Corporate Mailings, Inc. Settlement Website

This lawsuit is about faxes sent by or on behalf of the defendants, Rexall, Inc. and Corporate Mailings, Inc. (“Defendants”), on or about March 5, 2013 regarding the Osteo Bi-Flex Physician Sampling Program (“Osteo Bi-Flex Faxes”). Plaintiffs Radha Geismann, M.D., P.C. and John H. Lary Jr., M.D. filed this class action lawsuit in the Circuit Court of St. Louis City, Missouri alleging that Defendants violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by sending the faxes to the Settlement Class without prior express permission. Defendants denied Plaintiffs’ allegations and raised various defenses. The parties have reached a proposed class-wide settlement (the “Settlement”). The Court has not found that Defendants violated the TCPA and the Settlement does not determine who is correct, but rather is a compromise to resolve the lawsuit.   

These Are Your Rights in The Case

DO NOTHING

If you do nothing, you will not receive any payment from the Settlement Fund, but you will be considered a Settlement Class Member, you will be bound by any judgment entered by the Court, and you won’t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement.

EXCLUDE           

YOURSELF

You are not required to participate in the Settlement. You have the right to exclude yourself from the Settlement by sending a written request for exclusion. Your completed, signed statement advising of your election to opt out must be postmarked no later than June 24, 2019. If your request is not postmarked by that date, you will lose your right to opt out and you will be bound by all orders and judgments entered if the Court approves the Settlement.

OBJECT              

If you disagree with any of the terms of the Settlement, and want to file an objection instead of excluding yourself from the Settlement, you must submit your objection in writing to the Clerk of the Circuit Court of the City of St. Louis, Missouri, 10 N. Tucker Blvd, St. Louis, MO 63101. Your objection must either be e-filed, filed in-person with the Clerk, or postmarked no later than June 24, 2019. Any objection must include your name, fax number(s), and current street address, the name of any attorney(s) representing or advising you in connection with your objection (if applicable), the name and number of this case, a statement of all reasons why you believe that the Court should not approve all or any portion of the Settlement, a list of all other objections you or your attorney (if applicable) have made within the last five (5) years, and any documents you wish the Court to consider. Please note that it is not sufficient to simply state that you object. You must state the reasons why you believe the Settlement should not be approved (such as, for example, why the Court should find that the proposed Settlement is not fair, reasonable, adequate, and in the best interests of the Settlement Class). 

RETURN A CLAIM FORM

                         

To be eligible to receive a share of the Settlement Fund, you must complete and return a signed Claim Form postmarked or submitted on or before June 24, 2019. If your claim is approved and the Court approves the Settlement, you will be mailed a check for your share of the Settlement Fund after the Court’s Final Approval Order and Judgment become Final.