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Abercrombie & Fitch Co. and Hollister Co. have agreed to settle a class action lawsuit originally alleging that the companies violated the Telephone Consumer Protection Act (TCPA) when they sent unsolicited text messages to their customers’ cell phones without consent.
Abercrombie and Hollister have agreed to pay a total of $10 million to settle the TCPA claim. Over 3.7 million consumers were represented in the class action.
Plaintiffs Anamaria Chimeno-Buzzi and Lakedrick Reed both alleged that they received text messages from Abercrombie and Hollister that included advertisements between April and June of 2014.
According to the plaintiffs, neither provided their cell phone numbers to the companies, nor did they provide express written consent to receive the messages.
On the messages they received, there was no indication of how to opt out of receiving further solicitations from the companies.
As of mid-September, Abercrombie and Hollister had not determined how to best notify potential eligible class members in the TCPA class action lawsuit. The companies asked the court to appoint an administrator to handle the class action process.
Telephone Consumer Protection Act (TCPA)
Under the TCPA, drafted in 1991, the FCC restricts live calls of a telemarketing nature and limits autodialer systems, prerecorded voice messages and fax machines to deliver solicitations. In addition to other protections, the National Do Not Call Registry was formulated as part of the TCPA’s telephone solicitation provisions.
Specific guidelines also exist that outline when phone calls can be made, what type of information solicitors are required to provide, and more. Companies are also prohibited from recording your phone call without notifying you first.
Many consumers remain unaware of all of their TCPA rights under the law. TCPA violations are a serious matter, and companies who violate the act can be fined $500 per violation. If an individual can prove that the violation was intentional, the violation can be up to $1500 per each unlawful contact.
With technology for autodialing systems, thousand of consumers can be contacted within a single minute. For companies in violation of TCPA, this can add up to very hefty fines in a very short amount of time.
Companies On the Hook for Possible TCPA Violations
Abercrombie and Hollister are two large companies that recently ran afoul of TCPA violations, but they are certainly not the only ones. Yahoo, Wal-Mart, Quicken Loans, HSBC, Facebook, Wells Fargo, AMC Entertainment, Chase, Tommy Hilfiger, Capital One, AT&T, Taco Bell and many more companies have faced lawsuits for alleged TCPA violations.
In many cases, the courts ruled in favor of the consumers, finding their rights were violated by the companies’ illegal communications.
UPDATE: Class Members have until May 16, 2016 to file a claim to benefit from this TCPA class action settlement.Â
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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8 thoughts onAbercrombie, Hollister Reach $10M Text Spam Class Action Settlement
I received a check yesterday 08/30/2016 in NYC the amount of check was for 40.09$
Me too! I’m South Carolina
When will we get our pay out??
I have a valid claim, I can`t seem to get my information to the law firm involved in the claim. Do you have any information on how to be sure to be included? I got 43 of them Please anything you could tell me would be appreciated.
I have sent mine with proof a few weeks ago. When will we hear back?
I need to get information on how to include myself in on the classaction lawsuit, against Abercrombie Hollister the computer claim form isn`t submitting my information, can you help
UPDATE: Class Members have until May 16, 2016 to file a claim to benefit from this TCPA class action settlement.Â
I received the post card notification in the mail but have misplaced it….I would like to join the law lawsuit.