ARcare, Inc. v Cynosure, Inc. Settlement

Case Summary

ARcare, Inc. v. Cynosure, Inc.

 No. 16 Civ. 11547 (D. Mass.)

 

An $8.5 million Settlement has been reached with Cynosure, Inc. (“Cynosure”) in a lawsuit where the Plaintiff alleges that Cynosure violated a federal statute and regulations when it sent facsimile advertisements.  Cynosure denies any liability or wrongdoing.  The Settlement offers payments to persons or entities who were sent one or more facsimile transmissions advertising the availability or quality of property, goods, or services of Cynosure from July 27, 2012 through March 13, 2019.  Cynosure has identified those individuals and provided them with notice by fax and/or mail.  If you received that notice from Cynosure, you may be a Settlement Class Member.

 

Your legal rights are affected whether you act or don’t act.  Please read your options carefully.

 

Summary Of Your Legal Rights And Options In This Settlement

Submit a Claim Form for a Payment

By submitting a Proof of Claim Form, Settlement Class Members will be eligible to receive payments for being sent one or more facsimile transmissions advertising the availability or quality of property, goods, or services of Cynosure. Claims must submitted to the Settlement Administrator and be received or postmarked by August 7, 2019.

Exclude Yourself

Get no benefits from the Settlement.  This is the only option that allows you to sue Cynosure, or participate in any other lawsuit against Cynosure, about claims related to facsimile transmissions advertising the availability or quality of property, goods, or services of Cynosure between July 27, 2012 through March 13, 2019.  Exclusion requests must be mailed to the Settlement Administrator and postmarked by July 5, 2019.

Object

Write an objection to the Court if you don’t like the Settlement. Objections must be postmarked by July 5, 2019.

Go to a Hearing

Ask to speak in Court about the fairness of the Settlement. The Final Approval Hearing is currently scheduled for July, 11, 2019 at 2:00 p.m.

Do Nothing

You will not receive a payment, and you will give up your right to participate in further litigation against Cynosure about claims related to facsimile transmissions advertising the availability or quality of property, goods, or services of Cynosure between July 27, 2012 through March 13, 2019.

 

The Court in charge of this case has to decide whether to approve the Settlement.  If it does, and any appeals are resolved, benefits will be distributed to those who qualify.  Please be patient.