Sobol v. Imprimis Pharmaceuticals, Inc.

Case Summary

Sobol v. Imprimis Pharmaceuticals,  Inc.

 No. 16-cv-14339 (U.S. District Court, ED MI, So. Div.)

A $1.45 million Settlement has been reached with Imprimis, Inc. (“Imprimis”) in a lawsuit where the Plaintiff alleges that Imprimis violated the Telephone Consumer Protection Act, 47 U.S.C. Section 227 (“TCPA”) by sending unsolicited facsimiles.  Imprimis denies any liability or wrongdoing, but has agreed to settle this action to avoid the costs and uncertainties of litigation.  Plaintiff has agreed to settle because he believes that the Settlement is in the best interests of the Settlement Class and conveys substantial benefits to class members without the risk of continued litigation.  The Settlement offers payments to all persons that were successfully sent by Openfax one or more alleged advertisements by facsimile from Imprimis on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016.  Imprimis has identified those individuals and provided them with notice by fax and/or mail.  If you received that notice from Imprimis you may be a Settlement Class Member.

Your legal rights are affected whether you act or don’t act.  Please read your options carefully.

 

Summary Of Your Legal Rights And Options In This Settlement

Submit a Claim Form for a Payment

In order to receive payment, you must complete an Imprimis Pharmaceuticals Fax Settlement Claim Form on or before July 9, 2019.  By submitting a Proof of Claim Form, Settlement Class Members will be eligible to receive payments for being sent one or more facsimile advertisements from Imprimis. 

Exclude Yourself

Get no benefits from the Settlement.  This is the only option that allows you to sue Imprimis or participate in any other lawsuit against Imprimis about claims related to facsimile advertisements from Imprimis on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016. 

Object

If you do not exclude yourself you may object to all or part of the Settlement.

Go to a Hearing

Ask to speak in Court about the fairness of the Settlement.

Do Nothing

If you do nothing and the Court approves the Settlement, you will be bound by the Settlement and the final judgment, and release your claims against Imprimis, related to facsimile transmissions received on July 29, 2016, August 31, 2016, September 6, 2016, or November 16, 2016, but you will not receive a payment.

 

The Court in charge of this case still has to decide whether to approve the Settlement.  Payments will be made if the Court approves the Settlement and after any appeals are resolved.  Please be patient.

You may acces the Complaint and other case documents by clicking on the "Case Documents" tab above.  Plantiff's Motion for Final Approval will be available for download at this tab shortly after it is filed on June 24, 2019.