The notice explains that QIAGEN and the Class have reached a class action settlement that may affect you if you are a member of the Class. You have legal rights and options that you may exercise. Judge Sandy Huckabee of the Superior Court of Arkansas, County of Lonoke, is overseeing this class action. The lawsuit is known as ARcare, Inc. v. QIAGEN North American Holdings, Inc. and QIAGEN Inc., Case No. 43CV-17-47.Top
Plaintiff ARcare, Inc. (“Plaintiff”) filed a class action lawsuit alleging that QIAGEN North American Holdings Inc. and QIAGEN LLC (together, “Defendants”) violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) by sending unsolicited faxes and/or by sending faxes without specific opt-out language required under the TCPA. Defendants deny the claims and further deny that they did anything wrong. No trial has been held on the merits of any allegation against Defendants or their defenses. Defendants agreed to the Settlement without admitting any fault or liability.Top
In a class action lawsuit, one or more people called “Class Representatives” (in this case ARcare) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The Class Representatives who sued are called the Plaintiffs. The company they sued (in this case, QIAGEN North American Holdings, Inc. and QIAGEN LLC) are called the Defendants. One court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the Class. A notice was published, informing Class Members of their right to request exclusion from the class.Top
On July 31, 2018 full-day mediation resulted in an agreement being reached between the parties, a Settlement Agreement was filed on August 27, 2018 and a Preliminary Approval Order approving the settlement was entered by Judge Sandy Huckabee on August 30, 2018. At the Final Approval Hearing on December 3rd, 2018 the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also decide how much to pay Class Counsel and whether to award Plaintiff an incentive award.Top
The Class consists of all persons to whom Defendants transmitted one or more faxes, from October 13, 2012 through August 30, 2018, that (1) provided information regarding goods or services offered by Defendants, and/or (2) did not include a proper opt out notice because it did not (a) provide a toll free telephone number and facsimile number where the fax recipient may make a request to the sender not to send any future ads and/or (b) inform the fax recipient that the sender’s failure to comply within 30 days of such a request is unlawful.Top
Plaintiff and Defendants have negotiated a Settlement that resolves all remaining claims between the Class and QIAGEN. If the Court approves the proposed Settlement, Defendants will pay compensation to those Class Members who received faxes from the Defendants within the class period, do not request exclusion from the Class and file a valid claim.Top
The Settlement, in exchange for a dismissal of the class action and release of all claims against Defendants, creates a fund of $15,500,000.00 (the “Settlement Fund”). Each Settlement Class Member who files a valid and timely Claim Form will be eligible to receive a cash payment under the Settlement. It is estimated that, if eligible, each Class Member could receive up to $335.00. Actual payments could vary from this estimate.
Per the Settlement Agreement, Class Counsel will ask the Court for attorneys’ fees of up to 30% of the Settlement Fund, plus reasonable out-of-pocket litigation expenses, not to exceed $75,000.00.
For its service as Class Representative, Plaintiff will request that the Court award it an incentive award of $10,000.00.Top
If you do nothing, you will remain in the Settlement Class. You will be bound by the judgment entered by the Court and you will release your claims against Defendants, but you will receive nothing.Top
You have the right to exclude yourself from the Settlement by sending a written request for exclusion. If you opt out, you will not receive a Settlement Payment, and you will not be legally bound by anything that happens in this Lawsuit. Your request must list your name, fax number, street address, and the name and number of this case, and must request exclusion (for example, “Exclude me from the ARcare case”). You must mail your exclusion request postmarked no later than November 19, 2018 to the Settlement Administrator at the following address: ARcare v. QIAGEN TCPA Settlement Administrator P.O. Box 404088, Louisville, KY 40233-4088.Top
The Court will hold a Final Approval Hearing at 9 AM on December 3rd, 2018 at the Circuit Court of Lonoke County, 2nd Street Court Building, 119 E. 2nd Street, Lonoke, Arkansas 72086. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also decide how much to pay Class Counsel and whether to award Plaintiff an incentive award.Top
No. You are not required to come to the Final Approval Hearing. If you do not exclude yourself from the settlement, you may enter an appearance in this matter through counsel.Top
If you do not exclude yourself, you can object to the Settlement if you don’t like any part of it. To object, you must file a written objection with the Clerk’s Office of the Circuit Court of Lonoke County, Arkansas, 2nd Street Court Building, 119 E. 2nd Street, Lonoke, Arkansas 72086, with copies to (i) Class Counsel, Carney Bates & Pulliam PLLC, Randy Pulliam, Carney Bates & Pulliam PLLC, 519 W. 7th St., Little Rock, Arkansas 72201, and (ii) Defendants’ counsel, Robert Milligan Seyfarth Shaw LLP, 2029 Century Park East, Ste. 3500, Los Angeles, CA 90067. Objections must be postmarked no later than November 19, 2018, and must include: your name, address, telephone number and fax number; a sentence certifying belief that you are a Settlement Class Member; the factual basis and legal grounds for the objection; the identity of any witnesses you may call to testify; and copies of any exhibits you may seek to offer into evidence. It must also reference the case name and number.
You have the right to consult and/or retain an attorney of your choice at your own expense, to advise you regarding the settlement and your rights in connection with the settlement and the Final Approval Hearing as previously described. You also have the right, either personally or through an attorney retained and paid by you, to seek to intervene and object to the Settlement Agreement.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. You will be responsible for paying that lawyer.Top
You may also contact the Settlement Administrator by sending an email to info@QIAGENtcpaSettlement.com, or by writing to: ARcare v. QIAGEN TCPA Settlement Administrator, P.O. Box 404088, Louisville, KY 40233-4088. Please do not contact the Court.Top