Payne & Fears client Craftwood Lumber Co. recently struck a $3 million settlement with Senco Brands Inc. over alleged violations of the Telephone Consumer Protection Act and the Junk Fax Protection Act.
In 2014, Craftwood, a regional hardware and lumber chain, sued power tool manufacturer, Senco, in the Northern District of Illinois claiming that between 2010 and 2014 it had been targeted in a “fax blasting” campaign advertising Senco’s air compressors, nail guns and other tools. The cover page of the fax contained the message “Attention Senco Dealers!! NEW!!!!!!!! AIR COMPRESSOR AND 3 TOOL COMBO KIT!!! … Please see attached flyer!!” followed by an advertising leaflet.
After contentious argument over discovery, two motions to stay, a motion to dismiss and a motion for summary judgment, the parties settled avoiding years of litigation if the case were to continue.
Craftwood is urging the Court to expeditiously certify the class and approve the settlement. Under the settlement terms, each proposed class member is anticipated to receive about $800 to be paid automatically without the need to opt-in to the class.
In 2014, the same year Craftwood filed the current suit, our firm helped Craftwood reach a $40 million settlement with Interline Brands Inc., to put to rest a similar class action over junk faxes.