Simply Fashion Text Message Settlement Checks Mailed

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Top Class Actions viewers are reportedly receiving Simply Fashion text message class action settlement checks in the mail worth $243.14.

A consumer hit Simply Fashion, as well as marketing company ExactTarget, with a class action lawsuit alleging that the companies sent unsolicited text messages in 2013.

The text messages contained marketing for Simply Fashion, including sales and other promotions for the company’s retail locations, said the Simply Fashion text message class action lawsuit.

The plaintiff alleged that the text messages touting Simply Fashion continued despite consumer requests for them to stop.

The class action lawsuit alleged that the messages wasted consumers’ time, battery life on their cell phones and valuable data. Simply Fashion and ExactTarget were also accused of violating the Telephone Consumer Privacy Act.

The Telephone Consumer Privacy Act, or TCPA, was enacted by Congress in 1991 to stop the barrage of unwanted communications by telemarketers.

The law was expanded to include text messages and requires consumers provide express prior consent to receive marketing calls and text.

The Simply Fashion text message class action lawsuit also alleged that the company as well as ExactTarget used an automated dialing system to send the unwanted text message to consumers.

Automated dialing systems use a random number generator or similar technology to produce phone numbers. Use of these systems is also prohibited under the TCPA unless the recipient of the message has agreed to receive the calls or messages.

Companies that are found to have violated the TCPA face steep fines of up to $1,500 per violation.

Consumers were able to secure a $6.25 million settlement from Simply Fashion to end the class action lawsuit in 2018.

Class Members who were able to produce a valid number that received an unsolicited text message were entitled to a share of the settlement award.

Class Members included consumers who received text messages from ExactTarget on behalf of Simply Fashion from July 23, 2009 through Sept. 30, 2013.

The deadline to make a claim was June 12, 2018 and the final hearing was on July 20, 2018.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

The lead plaintiff and Class Members are represented by Ronald A. Marron, Alexis M. Wood, and Kas L. Gallucci of The Law Offices of Ronald A. Marron.

The Simply Fashion Text Message Class Action Lawsuit is Simms v. ExactTarget LLC, Case No. 1:14-cv-00737-WTL-DKL, in the U.S. District Court for the Southern District of Indiana.

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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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