Fulton Dental, LLC v. Bisco, Inc Class Action Settlement

Frequently Asked Questions

  1. Am I being sued?
  2. What is this lawsuit about?
  3. Why is there a settlement?
  4. Who are the Defendants?
  5. How do I know if I am part of the settlement?
  6. What can I get from the settlement?
  7. Do I have a lawyer in this settlement?
  8. How do I get more information?
  9. When and where will the Court decide whether to approve the settlement?
  10. Do I have to come to the hearing?
  11. Can I speak at the hearing?
  12. How can I file a claim?
  13. Should I file a claim, exclusion, objection, etc.?
  14. How do I get out of the settlement?
  15. How do I tell the Court if I don’t like the settlement?
  16. What’s the difference between objecting and excluding?
  17. What happens if I do nothing?
  1. Am I being sued?

    No.

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  2. What is this lawsuit about?

    Fulton Dental, LLC (“Plaintiff”) sued Bisco, Inc. (“Bisco” or “Defendant”) alleging that it received an unsolicited fax advertisement from Defendant promoting its goods or services that did not contain a proper opt-out notice. Plaintiff alleged that these faxes violated the Telephone Consumer Protection Act (“TCPA”). Defendant denies these allegations, but agreed to settle to avoid the costs and uncertainties of litigation.

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  3. Why is there a settlement?

    The Settlement represents a compromise of highly disputed claims. Nothing in the Settlement is intended to be construed as an admission by the Defendant that the claims in the Lawsuit are appropriately brought as a class action, that the claims have merit, or that the Defendant has any liability.  Class Counsel believes that the Settlement is fair, reasonable, and adequate and is in the best interest of the Classes.  Both sides have agreed to the Settlement in order to avoid the risks, uncertainty and delays of further litigation.

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  4. Who are the Defendants?

    Bisco, Inc.

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  5. How do I know if I am part of the settlement?

    You may be included if you are a person and entity within the United States to whom Bisco or Bisco Dental Products Co. sent a facsimile from December 8, 2011 through December 8, 2015, and who are identified by their fax numbers in Bisco’s fax log Bates numbered B00020-1307.

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  6. What can I get from the settlement?

    Defendant has agreed to fund a $262,500 Settlement Fund. Before making payments to Settlement Class Members, the Settlement Fund will be used to pay notice and administrative expenses, a $5,000 incentive award to the Plaintiff, and attorneys’ fees to Settlement Class Counsel (in an amount not to exceed 1/3 of the Settlement Fund), plus attorney costs. Each Class Member who submits a valid claim will receive an equal pro rata share of the Net Settlement Fund. Your share of the Net Settlement Fund depends on how many Settlement Class Members submit valid Claims.

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  7. Do I have a lawyer in this settlement?

    The Court has appointed Broderick & Paronich, P.C., The Law Office of Matthew P. McCue, McCallum Methvin & Terrell and Burke Law Offices, LLC to represent the Settlement Class as Class Counsel.

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  8. How do I get more information?

    You can access relevant documents in the Case Documents section of this website. You may also inspect the pleadings and other papers that have been filed in this case at the office of the Clerk of the Court, U.S. District Court for the Northern District of Illinois, 219 S. Dearborn St., 20th Floor, Chicago, IL 60604. If you have questions about the proposed settlement, you may contact Settlement Class Counsel.

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  9. When and where will the Court decide whether to approve the settlement?

    The Court has scheduled a Final Approval Hearing before Judge Edmond E. Chang on March 7, 2018 at 10:00 a.m. in Courtroom 2119 of the United States District Courthouse for the Northern District of Illinois at 219 S. Dearborn St., Chicago, IL 60604.

     

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  10. Do I have to come to the hearing?

    You are not required to attend the Final Approval Hearing, although any Settlement Class Member is welcome to attend the hearing.

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  11. Can I speak at the hearing?

    The purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement. If there are objections, the Court will consider them. The Court will listen to people who have made a timely written request to speak at the hearing. This hearing may be rescheduled by the Court without further notice to you.

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  12. How can I file a claim?

    You can file a claim by filling out and submitting the Claim Form on this website. You may also print the Notice and Claim Form from the Case Documents section of this website, fill it in, and fax to 310-751-1874 or mail to:

    Fulton Dental, LLC v. Bisco, Inc.

    Settlement Class Administrator

    P.O. Box 404041

    Louisville, KY 40233-4041

    Claims must be faxed or post marked by January 30, 2018.

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  13. Should I file a claim, exclusion, objection, etc.?

    The decision is yours alone.

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  14. How do I get out of the settlement?

    If you don’t want benefits from this Settlement, and want to keep the rights that are being released, then you must take steps to exclude yourself – which is sometimes referred to as “opting-out” of the Settlement Class.  To do so, you must send (via US Mail) a letter to Burke Law Offices, LLC, 155 N. Michigan Ave., Suite 9020, Chicago, IL 60601 or the Settlement Class Administrator, Fulton Dental, LLC. v. Bisco, Inc. Settlement Class Administrator, P.O. Box 404041, Louisville, KY 40233-4041, which must state your name or your company’s name, address, the fax number to which you were sent the fax; must state that you wish to be excluded from the Settlement Class; and must be signed by you. If you exclude yourself from the settlement you will not receive a payment and you will not release any claims you may have against Bisco. Your exclusion request must be postmarked on or by January 30, 2018

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  15. How do I tell the Court if I don’t like the settlement?

    If you do not exclude yourself, you can file an objection explaining why you think the Court should not approve any part of the settlement. The objection must be written and contain the case name and number; your name and address; the fax number to which you were sent the fax; a statement of your objection; an explanation of the legal and factual basis for the objection; and documentation, if any, to support your objection; The objection must be filed by January 30, 2018 with (1) the Clerk of the United States District Court, Northern District of Illinois, 219 S. Dearborn, Chicago, IL 60604; and sent to (2) Settlement Class Counsel.

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  16. What’s the difference between objecting and excluding?

    Objecting is simply telling the Court that you do not like something about the Settlement.  You can object only if you do not exclude yourself from the Settlement.  Excluding yourself from the Settlement (“opting-out”) is telling the Court that you do not want to be part of the Settlement.  If you exclude yourself, you have no basis to object because the case no longer affects you.

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  17. What happens if I do nothing?

    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 a cash recovery and will be bound by all the terms of the Settlement Agreement, including but not limited to a release of any claim(s) you may have against Bisco or Bisco Dental Products Co. for sending you any fax advertisements.

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