Pet Parade, Inc. v. Stokes Healthcare, Inc. d/b/a Epicur Pharma

If you received a facsimile advertisement from Epicur Pharma YOU MAY BE ENTITLED UP TO $500 CASH under a class action settlement.

• The Action: Pet Parade filed a Class Action Complaint against Stokes Healthcare, Inc., doing business as Epicur Pharma (referenced herein as “Epicur”), asserting claims under the Junk Fax Prevention Act (“JFPA”) provisions of the Telephone Consumer Protection Act (“TCPA”). Pet Parade alleges that it and members of the class received unsolicited facsimile advertisements from Epicur advertising various veterinary medications, and which did not include required language on how to “opt out” of future faxes. Epicur denies Plaintiff’s allegations that the faxes were unsolicited or unlawful whatsoever. Epicur further asserts that most, if not all, the facsimile advertisements were either sent in the course of an existing business relationship or were welcomed by the recipient. The Court has not ruled on the merits of Plaintiff’s claims or Epicur’s defenses. Epicur has agreed to enter into the Settlement, and by doing so has not conceded the truth or validity of any of the claims against it.
• The Class Definition: All persons identified on Epicur’s Master Fax List who (1) during the four-year period prior to the filing of this action through the date of preliminary approval, (2) were sent a telephone facsimile message advertising the commercial availability or quality of any property, goods, or services by or on behalf of Epicur, (3) that did not display an opt-out notice on the first page stating 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, would be unlawful. These persons are called “Settlement Class Members.”
• The Settlement Fund: Epicur has agreed to make cash payments of up to $500 to Settlement Class Members who submit a valid and timely claim form (“Claim Form”) and pay for attorneys’ fees and expenses and a potential Service Award to Plaintiff (the “Settlement Fund”), if approved by the Court, to fully settle and pay for a release of claims of the Settlement Class Members.
• Your rights and options, and the deadlines to exercise them, are explained more fully in this Notice. Your legal rights are affected whether you act or don’t act. Read this Notice carefully. Some of your rights include:
  • Your Right to Hire an Attorney: Any Settlement Class Member may enter an appearance in this lawsuit through an attorney if the member so desires. You are not required to hire any attorney, however, to exercise your rights.
  • How to Exclude Yourself: To exclude yourself, you must request an exclusion. To be valid, you must mail a written notice of exclusion to the Administrator, so that it is postmarked no later than January 13, 2022 (the “Opt-Out Deadline”). To exclude yourself, follow the procedures described under Question 13 below.
  • The Binding Effect of a Class Judgement: Unless you exclude yourself, the Court will find you have agreed to the Settlement, and you will be part of the Settlement Class and will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot pursue or continue to pursue any Released Claim, as explained more fully below, against Epicur or any other Released Parties, whether on your own or as part of any other lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you. In summary, unless you exclude yourself, the Court will find you have agreed to release Epicur and any other Released Parties, as defined in the Settlement Agreement and Release, from any and all claims that were asserted in the litigation and all claims that relate to or arise from Epicur sending facsimile advertisements.
  • The Final Approval Hearing: The Court will hold a Final Approval Hearing at 11:00 a.m. on February 15, 2022 at Room 11-3 in the United States District Court for the Southern District of Florida, The Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. At this hearing, the Court must still decide whether the Settlement is fair, reasonable and adequate.
  • The Claim Deadline: If you submit a valid Claim Form by January 13, 2022, you will receive a payment and will give up your rights to pursue or continue to pursue a Released Claim. Claim Forms may be submitted by mail to Epicur Settlement, c/o Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or on submit a claim here.
• The Court in charge of this case must still 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.