LOOP SPINE & SPORTS CENTER, LTD. v. AMERICAN COLLEGE OF MEDICAL QUALITY, INC. et al.

Case No. 22-cv-04198 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

Frequently Asked Questions

  1. Am I being sued?

    1. No. If you received a Notice it's because you have been identified as a potential class member and your rights may be affected. You may also be entitled to certain benefits. Please read the notice for more information.

  2. What is this case about?

    1. Loop Spine & Sports Center, Ltd. (“Plaintiff”) sued American College of Medical Quality, Inc. (“ACMQ”), Affinity Strategies, LLC (“Affinity”) and Daniel J. McLaughlin (“McLaughlin”) alleging it was sent an unsolicited fax advertisement.  Plaintiff alleged that the fax it received, Exhibit A to the second amended complaint, violated the Telephone Consumer Protection Act, and common law (trespass to chattels and conversion).  Defendants ACMQ, Affinity and McLaughlin deny these allegations.  McLaughlin and ACMQ have agreed to settle to avoid the costs and uncertainties of litigation.  As part of the proposed settlement, McLaughlin and ACMQ do not admit to any wrongdoing and continue to deny the claims and allegations against them by Plaintiff.

  3. Who is a member of the class?

    1. On May 20, 2025, the Court certified a class of: all persons with fax numbers, who on August 6-10, 2022 were sent faxes in the form of Exhibit A. If you received a notice, you have been identified as a potential class member.

  4. What are the benefits of the settlement?

    1. United States Liability Insurance Company (“USLI”) on behalf of ACMQ and McLaughlin agree to pay valid claims submitted by Class Members up to $500.00 per unique fax number. Multiple subscribers and/or users of any unique facsimile number shall be limited to single recovery per unique fax number.  The maximum payout to the Class is $175,000.00.  If the number of claims submitted by the Class Members x $500.00 would exceed the maximum payout of $175,000.00, then the value of the claims would be reduced pro rata so as to not exceed the maximum payment of $175,000.00 to the Class. The total amount distributed to the class is the “Settlement Class Recovery”.  USLI, on behalf of ACMQ and McLaughlin, agrees to pay Plaintiff an incentive award in the amount not to exceed $10,000.00, in addition to its recovery as a Class Member, subject to Court approval.  USLI, on behalf of ACMQ and McLaughlin, agrees to pay Class Counsel’s attorney’s fees and costs in the amount not to exceed  $285,000.00, subject to Court approval. The amounts for attorney’s fees and costs and the incentive award to Plaintiff, if awarded, are separate and in addition to the Settlement Class Recovery.

  5. Do I have to go to Court?

    1. No. You or your attorney may attend the final approval hearing if you desire and request to address the Court regarding any matters relating to this Settlement.

  6. Do I need to do anything to receive benefits from the settlement?

    1. You may complete and mail the Claim Form you received postmarked no later than September 11, 2026, to qualify for a payment. The Claim Form must be mailed to: Loop Spine & Sports Center v. ACMQ, c/o Settlement Class Administrator, PO Box 23369, Jacksonville, FL  32241. You may also submit a Claim Form online by going to the Settlement Website at ACMQFaxSettlement.com and following the directions or by fax to 877-430-1941.

      Claim Forms mailed must be postmarked, faxed or submitted online by September 11, 2026, to qualify for payment. The value of each individual settlement payment cannot be determined until after the deadline to submit a claim has passed and all claims have been verified, but will not exceed $500.00.

  7. How do I update my address?

    1. Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

      To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

      A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Loop Spine & Sports v ACMQ, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241, or by fax to 877-430-1941.

  8. How do I submit a name change (Marriage/Divorce/Court Order Name Change)?

    1. A copy of your marriage license, divorce decree or court order is required for a name change.

      You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

      Alternatively, you can submit the required documents by mail to: Loop Spine & Sports v ACMQ, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241, or by fax to 877-430-1941.

  9. What do I do if the Class Member is deceased?

    1. Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

      You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

      Alternatively, you can submit the required documents by mail to: Loop Spine & Sports v ACMQ, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241, or by fax to 877-430-1941.

  10. How do I exclude myself from the settlement?

    1. If you do not wish to participate in the Settlement you may exclude yourself from it by September 11, 2026, by sending (via U.S. Mail) a letter to the Settlement Class Administrator, LoopSpine & Sports Center, Ltd.  v. ACMQ Class Administrator, c/o Settlement Class Administrator, PO Box 23369, Jacksonville, FL  32241. The Notice of Exclusion must be in writing and state your full name or your company’s name, address, the telephone and fax number to which you were sent the fax(es), and a signed statement that you wish to be excluded from the Class in the Loop Spine & Sports Center v. ACMQ et al. Litigation. The Notice of Exclusion must be postmarked no later than September 11, 2026. If you exclude yourself from the Settlement you will not receive a payment and you will not release any claims against ACMQ, McLaughlin or the Released Parties.

  11. How do I object to the settlement?

    1. If you do not exclude yourself, you can file an objection, either on your own or through an attorney, explaining why you think the Court should not approve the settlement. The objection must contain your full name (or business name if the objector is an entity) and address; the fax number to which you were sent the fax(es); your signature; a statement of your objection to the Settlement Agreement; an explanation of the legal and factual basis for the objection; documentation, if any, to support your objection; the identity of all witnesses, if any, and a summary of such witnesses’ proposed testimony who you may call to testify in support of your objection; describe and produce copies of all evidence you may offer at the final approval hearing; and a statement whether you or your counsel intends to appear at the final approval hearing. The objection must be filed by September 11, 2026 with (1) the Clerk of the United States District Court, Northern District of Illinois, 219 S. Dearborn, Chicago, IL 60604; and sent to (2) the Settlement Class Administrator, (3) Edelman, Combs, Latturner, & Goodwin, LLC (38932), 20 S. Clark St., Suite 1800, Chicago, IL 60603; (4) Ryan A. Danahey, Downey & Lenkov LLC, 30 N. LaSalle St., Ste. 3600, Chicago, IL  60602, and (5) Thomas C. Blatchley, Gordon Rees Scully Mansukhani, LLP, One Financial Plaza, 775 Main Street, Suite 1700, Hartford, CT  06103.

  12. What am I giving up under the settlement?

    1. If the settlement becomes final, you will be releasing ACMQ, McLaughlin and the Released Parties for the Released Claims, which includes, but is not limited to, claims you may have relating to your receipt of unsolicited advertising faxes during the Class Period and claims that were asserted or could have been asserted in the Litigation. The Released Claims are fully explained in the Settlement Agreement, available on the Important Court Documents page or Class Counsel’s website at www.edcombs.com.

  13. How do I get more information about the settlement?

    1. More information is available at www.edcombs.com and ACMQFaxSettlement.com. You may also inspect the pleadings and other papers that have been filed in the Loop Spine & Sports Center v. ACMQ et al. Litigation at the office of the Clerk of the Court, U.S. District Court for the Northern District of Illinois, 219 S. Dearborn St., 20th Floor, Chicago, IL 60604. If you have questions about the notice or the proposed settlement, you may contact Class Counsel. THE COURT AND THE DEFENDANTS CANNOT PROVIDE INFORMATION.