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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Settlements have been reached in several class action lawsuits alleging certain mobile content providers sent unsolicited text messages with mobile content sent from Premium Shortcodes in violation of the Telephone Consumer Protection Act (TCPA).
These unsolicited text messages allegedly contained content such as ring tones, horoscopes, news and information alerts, and other digital and electronic content to wireless telephone subscribers.
If you are a current or former wireless subscriber who received a text message from certain shortcodes, you may be entitled to compensation from the text message class action settlement.
There are two text message spam class action settlements that have been resolved. The first involves a settlement between plaintiff Cullan and Cullan LLC and defendant CF Enterprises Pty. Ltd., and the second involves a settlement between plaintiff Cullan and Cullan LLC and defendants Post SMS Co. Americas Inc. and Post SMS Co. Qube Inc. (collectively, “PostSMS”).
Cullan and Cullan LLC alleges the defendants sent unsolicited text messages in violation of the TCPA, a federal law that prohibits companies from using automated equipment to send calls and text messages to consumers without their prior express consent.
The defendants deny the allegations but agreed to settle the text message spam class action lawsuit to avoid the expense and uncertainty associated with ongoing litigation. The parties initially agreed to settle the text cramming class action lawsuits in March 2014, but that proposed TCPA settlement was rejected several months later.
The parties subsequently agreed to revised settlements. The class action settlements were preliminarily approved on Sept. 27, 2016.
If you would like to opt out of or object to the text message class action lawsuit, you must do so no later than Feb. 9, 2017.
Who’s Eligible
CF Enterprises Settlement:
Class Members of the CF Enterprises settlement include: “[A]ll current and former Wireless Subscribers Nationwide, who at any time from January 31, 2011, to November 3, 2016, received a text message from any Message Claim Shortcode or relating to a Message Claim Program.”
According to the settlement documents, Message Claim Shortcode refers to the following shortcodes: 25872, 29104, 33288, 44329, 49712, and 70451.
Message Claim Program refers to the following programs: searchyourhoroscope.com; tuneztogo.com; hearmemobile.com; myringtonespot.com; cellsafari.com; tonezgalore.com; urzodiachoroscopes.com; and fonezoneportal.com.
Post SMS Settlement:
Class Members of the Post SMS Settlement include: “All current and former Wireless Subscribers Nationwide, who at any time from January 1, 2010, to November 3, 2016, incurred any charge, whether paid or not, associated with any of the billing descriptors, shortcodes, and program names set forth on Exhibit B to the Post SMS Settlement Agreement; or (b) at any time from January 1, 2010, to November 3, 2016, received any message from a Premium Short Code registered at the CTIA to (i) any organization recognized as exempt from federal income taxation under I.R.C. § 501(c)(3) or I.R.C. § 501(c)(4), or (ii) federal political committees registered with the Federal Election Commission.”
Potential Award
CF Enterprises Class Members may claim $65 per unauthorized message.
Post SMS Class Members may claim $30 for each Subscription Charge Claim.
Proof of Purchase
N/A. Claimants must provide the mobile phone number that received the allegedly unsolicited text messages or incurred subscription charges. Claimants must also assert under the penalty of perjury that the text messages received were unsolicited and/or that any charges incurred were unauthorized.
Claim Form
Claim Form Deadline
5/31/2017
Case Name
Cullan and Cullan LLC v. m-Qube Inc., et al., Case No. 8:13-cv-00172, in the U.S. District Court for the District of Nebraska
Final Hearing
3/2/2017
UPDATE: The Mobile Content Text Spam class action settlement was granted final approval on March 16, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: August 2017, Top Class Actions viewers who filed valid claims for the Mobile Content class action settlement began receiving checks worth as much as $130. The checks have been trickling in, so if you filed a claim keep checking your mailbox because settlement checks are on their way.
Settlement Website
www.MobileContentSettlement.com
Claims Administrator
Mobile Content Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-888-521-0673
info@MobileContentSettlement.com
Class Counsel
Ben Barnow
BARNOW AND ASSOCIATES PC
Ralph Phalen
THE LAW OFFICES OF RALPH K. PHALEN
Defense Counsel
Counsel for PostSMS:
Ari N. Rothman
VENABLE LLP
Counsel for CF Enterprises:
Michael T. Hilgers
GOBER HILGERS PLLC
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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31 thoughts onMobile Content Text Spam Class Action Settlement
Received $30.00 went to my bank to cash the check was told a check with the same check number was already cashed. My bank told me the check was not cashed by me, but legally couldn’t tell me who cashed the check. I called the number on the check spoke to a woman I believe her name was Alicia who said she was a manager. I explained to her that a check with the same check was cashed. She told me that I must have cashed the check. Explained I have the check in my hand and it was not cashed by me but a check with the same check number was cashed. She told me she would email me a copy of the cashed check. I told her that would be illegal because the check was not cashed by me. She was not helpful at all and was not very nice. She told me I would have to call my bank, there was nothing she could do. I called my bank which is the same bank their checks are issued from, they told me the company issuing the checks and using duplicate check numbers would be the only one able to help. So I will try calling them again tomorrow if not resolved I will call the BBB.
I got a check for $195
i filled a claim, waiting, have not recieved anything, anyone else received a check after the 1st of september
You should contact the settlement administrator to inquire about the status of your claim: info@MobileContentSettlement.com.
i submitted a claim for this settlement and ive yet to recieve a payment, does anyone have any information on whether or not theyre being sent out on a rolling basis or if anyone didnt get one at this point, theyre not going to?
i still haven’t got mine either :(
$60 Received Friday Sept. 01 2017.
Received a $90.00 check around the 1st of September.
received 30 dollars today
$30 in CA today