Welcome to the Degnen v. Zimmer Dental, Inc. Settlement website.
UPDATE: Payments were mailed on May 16, 2016 to class members who submitted valid Claim Forms. If you have a question regarding your settlement check, please write to the Settlement Administrator at:
Zimmer Dental TCPA Administrator
PO Box 43398
Providence, RI 02940-3398
This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Suzanne Degnen, D.M.D., P.C. d/b/a Sunset Tower Family Dentistry v. Zimmer Dental, Inc., et al., United States District Court for the Eastern District of Missouri, Case No. 4:15-cv-01103-RLW.
NATURE OF THE SETTLEMENT
Plaintiff filed this class action lawsuit against Zimmer Dental, Inc. and Amy Beth Gerzog (collectively, "Defendants") alleging that they violated the federal Telephone Consumer Protection Act ("TCPA") by sending unsolicited advertisements by fax without prior express invitation or permission. Defendants deny Plaintiff's allegations, raise certain defenses thereto and contend that they agreed to settle the case only to avoid the expense of further protracted litigation.
THE SETTLEMENT CLASS
You are included in the Settlement Class if:
- on or after February 17, 2011 through November 24, 2015,
- were sent a telephone facsimile message of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants,
- with respect to whom Defendants cannot provide evidence of prior express permission or invitation for the sending of such faxes,
- with whom Defendants does not have an established business relationship,
- which did not state that the recipient may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply, within 30 days, with such a request meeting the requirements under 47 C.F.R. § 64.1200(a)(4)(v) is unlawful, or
- which did not include a facsimile number for the recipient to send an opt-out request.