US Coachways Text Spam Class Action Lawsuit Settlement

US Coachways has entered into a settlement agreement with a group of consumers who allege that the company (and others acting on its behalf) sent unsolicited text advertising messages in violation of the Telephone Consumer Protection Act or TCPA.

Consumer complaints about the abuses of telephone technology prompted Congress to pass the Telephone Consumer Protection Act of 1991. Unsolicited text messages or text message spam fall under the umbrella of the TCPA.

On July 29, 2014, lead plaintiff James Bull of Ohio filed a putative class action lawsuit against US Coachways claiming the company sent out thousands of unlawful text messages through an SMS messaging system advertising several promotional deals beginning at the end of 2013 and continuing for months thereafter.

Bull contended that these unsolicited text messages caused consumers actual harm, not only because the consumers were subject to the aggravation of text message spam, but also because consumers frequently had to incur the costs of text spam.

The settlement provides for a consent judgment to be entered against US Coachways in the amount of $49,932,375, with US Coachways paying $50,000 and assigning its rights against its insurer, Illinois Union Insurance Company to attempt to satisfy the judgment.

Class Counsel believes that US Coachways has insurance coverage from Illinois Union Insurance Company, but IUIC has denied coverage and further believes that US Coachways lacks sufficient resources to satisfy a judgment entered in this action.

The initial payment by US Coachways will be used to fund the settlement notice and to cover costs in pursuing action against Illinois Union.

Separate proceeding will be pursued by plaintiff and Class Counsel to recover from Illinois Union, which then be placed in settlement fund.

Any distributions from the settlement fund will be made only with Court approval following a second motion for preliminary approval.

Attorneys for the Class will ask the Court to award them up to one third of that amount in attorneys’ fees in addition to their expenses for the substantial time and effort they put into this case.

The Class Representative also will apply to the Court for payment of $15,000 in recognition of his service to the settlement Class. Any amounts awarded to Class Counsel and the Class Representative will be paid from the settlement fund.

Class Members who wish to object to the terms of the settlement or wish to be excluded from the settlement must do so by Oct. 14, 2016.

Who’s Eligible

If you received a text message advertisement from US Coachways Inc. either (a) on a cellular telephone or (b) more than once within any 12-month period to phone numbers registered on the Do Not Call Registry, you may be entitled to receive a payment from this settlement fund.

The settlement includes all persons within the United States who received one or more text message advertisements on behalf of US Coachways Inc. at any time in the four years prior to the filing of the class action lawsuit continuing through the date of this settlement agreement.

If you meet the above definition, you are a Class Member.

Postcards notifying eligible Class Members were mailed out on Sept. 2, 2016.

Potential Award

Varies.

Under the settlement, Class Members will have the opportunity to obtain a payment from sums recovered in a separate, future action against the US Coachways insurer, Illinois Union Insurance Company.

The settlement pool will be divided equally among all qualified Class Members after payment of attorneys’ fees, settlement administration expenses, and incentive fee awards if any proceeds can be recovered from US Coachways’ insurance company.

Proof of Purchase

N/A

Claim Form

You do not need to submit a Claim Form. Eligible Class Members whose number and address is within the records obtained in the case will receive a payment from the settlement fund if any proceeds can be recovered from US Coachways’ insurance company.

Exclusion Deadline

10/14/2016

Case Name

Bull v. US Coachways Inc., Case No. 1:14-cv-05789, in the U.S. District Court for the Northern District of Illinois, Eastern Division

Final Hearing

11/09/2016

Settlement Website

www.CoachwaysTCPASettlement.com

Claims Administrator

Coachways Telemarketing Settlement Administrator
c/o Kurtzman Carson Consultants
PO Box 40007
College Station, TX 77842-4007
614-467-0402

Class Counsel

Edward A. Broderick
Anthony I. Paronich
BRODERICK LAW PC

Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE

Brian K. Murphy
Joseph F. Murray
MURRAY MURPHY MOUL BASIL LLP

Defense Counsel

Paul Gamboa
GORDON & REES 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.