West Washington v. Body Wise

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for West Washington v. Body Wise. This website describes the case and the settlement reached between the parties in this case.

We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact Class Counsel for further information:

DO NOT CONTACT THE COURT FOR INFORMATION.

This case is currently pending in the Circuit Court of Cook County, Chancery Division, as Case No. 03 CH 18809. The judge is Patrick McGann.

Plaintiff West Washington Building, LLC filed this Action seeking relief for a class of persons like itself who received unsolicited facsimiles from the Defendants. In its complaint, Plaintiff alleged that Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) by sending unsolicited facsimile advertisements. On April 9, 2007, the Court certified the class. Defendants denied that certification was appropriate and denied any liability to Plaintiff or the class but Body Wise and its insurer have agreed to settle this case to avoid the costs of further litigation.

To see a copy of the Complaint, click here to view PDF. To see a copy of the alleged unsolicited fax advertisement at issue in the Complaint, click here to view PDF. To see a copy of the Settlement Agreement, click here to view PDF.

Upon review of the Settlement Agreement, the Court has preliminarily approved the proposed class action settlement in this case. To see a copy of the Preliminary Approval Order, click here to view PDF.

The links below provide: (1) information about who is a Class Member; (2) the terms of the Settlement Agreement; and (3) information about how Class Members can participate in, object to, or exclude themselves from the settlement reached in this case.

The Judge will be finally determining the fairness of the proposed Settlement Agreement on November 5, 2007 at 11:00 a.m. at the Daley Center, Room 1703, 50 West Washington, Chicago, Illinois 60602. You do not need to come to this Hearing. All Potential Class Members: To find out if you are a Class Member, click here. To see a copy of the class action publication notice, click here to view PDF. Click Here for HTML.

If you want to receive money from the Settlement Fund, click here. If you want to exclude yourself from the Class Action, click here. If you want to object to the terms of the settlement reached in this case, click here.

Class Membership

Class members include all persons with Illinois telephone fax numbers who, on or after a date four years prior to the filing of this action (November 7, 2003), were sent advertising faxes by the Defendants (Body Wise International, Inc. and Diane Paulson) and with respect to whom Defendants cannot provide evidence of prior express permission or consent for the sending of such faxes.

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How to Claim-In to the Class Action Settlement

In order to receive your pro rata share of the above Settlement Fund, up to a maximum of $500.00 per class member, you must timely submit a completed Claim Form by mail to First Class, Inc., 5410 West Roosevelt Road, Unit 222, Chicago, Illinois 60644-1478. The Claim Form must be received by October 15, 2007. Failure to submit a timely Claim Form will mean you receive no money from the Settlement Fund but are still governed by the Release.

For a copy of the Claim Form, click here to view PDF.

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How to Opt-Out of the Class Action Settlement

If you do not want to participate in the settlement, do not want to receive a monetary portion of the Settlement Fund, and do not want to release any rights you may have to sue Body Wise or Diane Paulson for the TCPA claims being settled in this class action, you must submit a written statement stating: I WANT TO BE EXCLUDED FROM THE SETTLEMENT IN WEST WASHINGTON V. BODY WISE. This written statement must include your full name, address, and fax number, and must refer to the name and number of this case. Your written statement must be mailed to First Class, Inc., 5410 West Roosevelt Road, Unit 222, Chicago, Illinois 60644-1478 and must be received by October 15, 2007.

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Objections

If you think the settlement or any of its terms is unfair, but do not simply want to exclude yourself, you may object to the proposed settlement by filing a signed written statement of reasons (in no more than 15 pages) stating why you believe that the proposed settlement is not in the best interests of the class and should not be approved. This objection must be filed with the Clerk of the Court, Daley Center, Room 801, 50 West Washington, Chicago, Illinois 60602 on or before October 15, 2007. You must also send a copy of your written objection to: 1) Counsel for Plaintiff and the Class, Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602; and 2) Counsel for Body Wise International, Inc., Wendy Enerson, Sonnenschein Nath & Rosenthal, 7800 Sears Tower, Suite 4100, Chicago, Illinois 60606.

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