Frequently Asked Questions

FAQ 1 - What is the notice about?

The Court issued notice because you have a right to know about a proposed settlement in the class action lawsuit, BPP v. The Compounding Center, Inc. d/b/a TCC Pharma, Inc., Case No. 20SL-CC04149, pending in the 21st Judicial Circuit Court, State of Missouri, St. Louis County. This lawsuit is based on certain Fax Advertisements Defendant sent to Settlement Class Members.

The notice explains the settlement, including your legal rights, who is a Settlement Class Member, the benefit available to Settlement Class Members, and how to make a claim for a benefit.

FAQ 2 - What is this lawsuit about?

Plaintiff claims that Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), by sending to Plaintiff and the putative class members unsolicited fax advertisements that did not contain the required opt-out notice and without prior express invitation or permission or an established business relationship. Defendant denies wrongdoing or liability related to Plaintiff’s claims, but they have agreed to settle the case to avoid the uncertainties, expenses, and time of further litigation.

FAQ 3 - What is a class action?

In a class action lawsuit, a “Class Representative” (in this case, BPP) sues on behalf of others, called “Class Members,” who have similar claims. In a class action, one court resolves in one case the claims of all Class Members except for those who choose to exclude themselves from the class. Plaintiff and Defendant have agreed to treat this case as a class action for the purposes of this Settlement. The Court has agreed for the reasons set forth in the Court’s Preliminary Approval Order available in the Important Documents section of this website.

FAQ 4 - Why is there a settlement in this case?

The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the risk and expense of continued litigation and trial, and Settlement Class Members who satisfy certain conditions will receive a benefit without the risk that their claims ultimately may be found to lack merit if this case were to proceed through litigation. Plaintiffs and Class Counsel believe this settlement is in the best interest of all Settlement Class Members.

FAQ 5 - How do I know if I am part of the settlement?

The Court has decided that everyone who fits this description is a Settlement Class Member:

All persons who are residents of the United States, and who from August 12, 2016, through January 29, 2024, were successfully sent by or on behalf of Defendant to a facsimile number owned by the Class Member an unsolicited telephone facsimile transmission describing the commercial availability or quality of any property, goods, or services with respect to whom Defendant cannot provide evidence of prior express permission or invitation for the sending of such faxes, with whom Defendant did not have an established business relationship, and whose facsimile number can be confirmed as having successfully received a facsimile by its presence in the facsimile detail logs produced in the Action.

FAQ 6 - Are there exceptions to the Settlement Class?

Yes. The Class does not include (a) Defendant and its employees, agents, and representatives; (b) the judge to whom the Action is assigned; and (c) any member of the judge’s staff or immediate family.

FAQ 7 - I’m still not sure I’m included.

If you are not sure whether you are included, you can get help by calling toll-free (888) 428-6671 or writing with questions to BPP v. Compounding Center, c/o Settlement Administrator, P.O. Box 25207 Santa Ana, CA 92799. You can also contact Class Counsel, Ronald J. Eisenberg, Schultz Law Group, 640 Cepi Drive, Suite A, Chesterfield, MO 63005, (636) 733-6647, reisenberg@sl-lawyers.com.

FAQ 8 - What benefit is available under the settlement?

The settlement provides that Defendant will provide a payment of up to $55 to each Settlement Class Member who submits a timely and valid claim.

FAQ 9 - Is the money available now?

No. The Court has not yet decided whether to approve the settlement. If the Court does not approve the settlement, no settlement payments will be made. If you want to participate in the settlement, however, you must submit the claim form here by April 29, 2024.

FAQ 10 - What am I giving up if I stay in the Settlement Class?

If you stay in the Settlement Class, then you cannot sue Defendant for claims that relate in any way to the use of a telephone facsimile machine, computer, or other device to send an unsolicited facsimile advertisement to Settlement Class Members. If the Court finally approves the settlement then you will be bound by the Settlement Agreement available in the Important Documents section of this website.

FAQ 11 - How can I make a claim?

To receive payment, you must submit a valid claim form. Your claim form must include all of the required information, must be verified by you, and must be submitted on or before April 29, 2024. You may obtain a claim form online in the Important Documents section of this website, then print and mail it to BPP v. Compounding Center, c/o Simpluris, Inc., P.O. Box 25207 Santa Ana, CA 92799 or submit it electronically here .

FAQ 12 - How can I get out of the Settlement Class?

To exclude yourself from the Settlement Class, you must send a letter to the Claims Administrator at BPP v. Compounding Center, c/o Simpluris, Inc., P.O. Box 25207 Santa Ana, CA 92799, postmarked no later than April 29, 2024. In your letter, you must state that you wish to be excluded from the Settlement Class and include your full name, address, telephone number, and the fax number(s) to which you subscribed to which a Fax Advertisement from Defendant was sent.

FAQ 13 - How do I tell the Court that I do not like the settlement?

If you are a Settlement Class Member and have not excluded yourself from the Class, you can object to the settlement if you do not agree with any part of it. Your objection should include reasons why you think the Court should not finally approve the settlement, and the Court will consider your views. To object, you must file your written objection with the Court no later than April 08, 2024, and must mail it to Class Counsel and Counsel for Defendant, postmarked no later than that same date.

Your objection must be signed by you or your attorney and must include your full name, address, telephone number, and the fax number(s) to which you subscribed to which a Fax Advertisement from Defendant was sent, a statement of the objection to the Settlement Agreement, an explanation of the legal and factual basis for the objection, and documentation, if any, to support the objection. If you intend to call witnesses at the fairness hearing, you must identify them.

FAQ 14 - What is the difference between “objecting” and “excluding yourself”?

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the settlement no longer affects you.

FAQ 15 - What happens if I do nothing at all?

If you do nothing, you will be included in the Settlement Class, but you will not receive any settlement payment. To receive payment, you MUST submit a timely and valid Claim Form. If you do nothing, once the settlement is finally approved, you will not be able to start, continue, or be part of any other lawsuit against Defendant related to the sending of unsolicited facsimile advertisement to Settlement Class Members.

FAQ 16 - When and where will the Court decide whether to approve the settlement?

The Court has scheduled a Final Approval Hearing at 9:00 a.m. on July 16, 2024, in Division 41 at the 21st Judicial Circuit Court, 105 S. Central Ave., Clayton, MO 63105. At this hearing, the Court will consider whether the settlement should be approved by the Court as fair, reasonable, and adequate. If there are timely objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and will make its decisions.

FAQ 17 - What else will be decided at the Final Approval Hearing?

At the Final Approval Hearing, Class Counsel will ask the Court for an award of attorney’s fees and expenses in an amount up $179,378.33, which is less than one-third of the value of the settlement. The Court will also consider Class Counsel’s request for an incentive award of $20,000 to the Class Representative for the benefits it caused to be made available to the Class and the time and effort that it invested in the case.

FAQ 18 - Do I have to come to the hearing?

Not unless you filed an objection to the settlement. Otherwise, Class Counsel will answer any questions that the Court may have, but you may come to the hearing.

FAQ 19 - Do I have a lawyer in this case?

The Court appointed Ronald J. Eisenberg of Schultz Law Group LLC to represent you as Class Counsel. You do not have to pay Class Counsel.

FAQ 20 - Should I hire my own lawyer?

Class Counsel will represent you if you choose to stay in the Settlement Class. You may retain your own lawyer if you want someone other than Class Counsel to represent you, but you will be responsible for paying that lawyer. You are not required to pay Class Counsel. If you ask to be excluded from the Settlement Class, Class Counsel will not represent you. If you want a lawyer to represent you with respect to any claim you may have, then you will be required to pay that lawyer.

FAQ 21 - How will Class Counsel be paid?

Upon the close of the claims period and determination of Qualified Class Members, Defendant shall make available a Settlement Fund sufficient to settle the Action. The Settlement Fund shall be used to pay Settlement Costs and to fund the amounts eventually to be paid to the Class Representative and Qualified Class Members. If the settlement is finally approved, Class Counsel will be paid his attorney’s fees and expenses from the Settlement Fund in this case, and the Class Representative will be paid his incentive award. Class Counsel will file a motion asking the Court for an award of attorney’s fees, inclusive of expenses, of up to $179,378.33. After the Settlement Costs, Attorneys’ Fees and incentive award are deducted from the Settlement Fund, the remaining amount shall then be dedicated to pay each Qualified Class Member up to $55 total for Fax Advertisements sent to the Qualified Class Member’s fax number.

FAQ 22 - Where can I find more details about the settlement?

If you have questions about the settlement, write to Class Counsel at the address above. Include the case number, your name, your fax number, and your current street address on any correspondence. Alternatively, you can call Class Counsel at (636) 733-6647. You may also contact the Settlement Administrator toll-free at (888) 428-6671. The Notice only summarizes the litigation and the settlement. The court filings for this case are available at www.courts.mo.gov by selecting “Search for a Case” and entering the case number.