Rita’s Italian Ice TCPA Class Action Settlement

Rita’s Italian Ice has agreed to pay $3 million to settle allegations that the company sent unsolicited texts in violation of federal law.

Plaintiff Sherry Brown filed the Rita’s Italian Ice class action after claiming that she received “cool alerts” messages from the company informing her of certain frozen treats available for sale.

According to the lawsuit, Brown never gave Rita’s permission to contact her via text messaging nor did she grant “express written consent” required under the Telephone Consumer Protection Act.

Rita’s Italian Ice has denied the allegations but agreed to settle the lawsuit to avoid the cost and uncertainty of ligitatgion.

Those Class Members who want to object or be excluded from this settlement must make their request known no later than July 8, 2016.

Who’s Eligible

The Rita’s Italian Ice class action settlement is open to all U.S. residents who received a “cool alerts” text message between June 22, 2011 and Sept. 15, 2015.

Potential Award

Varies.

Class Members will receive a portion of the Settlement Fund based on an “Award Unit” formula. For example:

• Those who received a “cool alerts” text message from Rita’s on a cell phone between June 22, 2011 and Sept. 15, 2015 are eligible to receive one Award Unit
• Individuals who received at least one additional “cool alerts” text message after texting “STOP” in response to a previous text spam are entitled to 10 Award Units
• Class Members who qualify for both of these categories will receive a total of 11 Award Units

Each of these units will consist of an “equal monetary value” calculated from the $3 million Settlement Fund. However, the actual amount each Class Member receives will depend on the total number of claims filed.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

07/08/2016

Case Name

Sherry Brown v. Rita’s Water Ice Franchise Company LLC, Case No. 2:15-cv-03509-TJS, in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

07/27/2016

UPDATE: On March 16, 2017, the Rita’s Italian Ice TCPA settlement was granted final approval.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On September 14, 2017, the court approved the motion to distribute the Rita’s Italian Ice TCPA settlement funds.  9,684 claimants will receive $144.00 and 480 claimants will receive $1,584.00.

UPDATE 3:  On Oct. 26, 2017, Top Class Actions viewers who filed a claim for the Rita’s Italian Ice class action settlement started receiving checks worth as much as $144.00. Congratulations to everyone who got PAID!

Settlement Website

www.CoolAlertSettlement.com

Claims Administrator

Cool Alert Settlement
 Administrator
c/o A.B. Data, Ltd.
P.O. Box 173005
Milwaukee, WI 53217
1-800-332-9084

info@CoolAlertSettlement.com

Class Counsel

Jody B. Burton
Sergei Lemberg
Stephen F. Taylor
LEMBERG LAW LLC

Defense Counsel

John M. Doroghazi
Constantine Thomas Fournaris
Kim E. Rinehart
WIGGIN & DANA LLP

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. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.