Heska to pay $6.75 million over ‘junk’ faxes
Illinois veterinarian Dr. Shaun Fauley will get $15,000 as the lead plaintiff.
Veterinary diagnostic equipment maker Heska Corp. has agreed to pay $6.75 million to settle a class-action lawsuit alleging the company sent unsolicited faxes to an Illinois veterinarian and more than 40 other recipients in violation of the Junk Fax Prevention Act.
The Loveland, Colorado, company denied the claims but confirmed the settlement in documents filed with the U.S. Securities and Exchange Commission.
The lead plaintiff, Shaun Fauley, DVM, of Naperville, Illinois, starting in 2013 received 20 faxes from Heska without permission and without the opportunity to opt out. At least one of the faxes promoted a Heska infusion pump.
Dr. Fauley alleged that the faxes were not only illegal but also a waste of money due to paper and toner costs and a waste of his “valuable time.”
The Junk Fax Prevention Act permits unsolicited advertisements only under specific circumstances.
Dr. Fauley is no stranger to such litigation. The Denver Business Journal reported that the Care Animal Clinic veterinarian was a plaintiff in a successful class-action lawsuit against the MetLife Inc. insurance company and is currently suing Virbac USA and Fetch Inc.
He will receive $15,000 as the class representative in the Heska case, according to Law360.com.