American Eagle Outfitters TCPA Class Action Settlement

Persons who received a text message from American Eagle Outfitters, but did not consent to be contacted by the company in this way, may be entitled to payment under a recent class action settlement.

The settlement results from a group of class action lawsuits that were consolidated into a single action in March 2015. Plaintiffs in these lawsuits alleged they received text messages advertising American Eagle Outfitters promotions, even though they never gave the company consent to receive such messages.

The plaintiffs claimed these text messages violate the TCPA, or Telephone Consumer Protection Act. This federal law restricts the ways in which businesses can contact persons via phone, fax or text message.

Generally, the TCPA forbids callers from using an automatic telephone dialing system or an artificial or prerecorded voice to contact persons, unless those persons have given their prior express consent to being contacted in that manner. Callers who violate the TCPA could be liable for $500 to $1,500 in damages for each violation.

The parties agreed to this American Eagle Outfitter TCPA settlement in December 2016. Under terms of the settlement, American Eagle Outfitter will create a settlement fund totaling $14.5 million. This fund will be used to cover payments to Class Members who submit a valid and timely Claim Form, incentive awards to the named plaintiffs, administrative costs, court costs and attorneys’ fees.

The court has made no decision for or against the plaintiffs’ claims, and the settlement agreement does not require American Eagle Outfitters to admit any fault.

Class Members who want to object to the settlement or opt out of the terms must do so by May 24, 2017.

Who’s Eligible

The settlement Class covers all persons who, between April 8, 2010 and Jan. 24, 2017 inclusive, received a text message on their cell phone number that was sent from or on behalf of American Eagle Outfitters, without having consented to receiving that contact as required by the TCPA. The Class consists of more than 600,000 individuals.

Potential Award

$142 to $285 (estimated)

The exact amount of each payment will be determined in part by the number of valid and timely claims submitted by Class Members.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

5/24/2017

Case Name

Melito, et al. v. American Eagle Outfitters Inc., et al., Case No. 1:14-cv-02440, in the U.S. District Court for the Southern District of New York

Final Hearing

8/22/2017

UPDATE: The American Eagle Outfitters TCPA settlement was granted final approval on September 11, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On October 6, 2017, an appeal to the American Eagle TCPA settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: On April 30, 2019, the Second Circuit Court of Appeals affirmed the American Eagle TCPA settlement.  Appeals have been dismissed.  It is not known how quickly claims will be paid.  Top Class Actions will let our viewers know as soon as we learn checks are in the mail!

UPDATE 4: On June 18, 2019, the American Eagle TCPA settlement case was stayed, pending a petition to the Supreme Court. Top Class Actions will continue to keep viewers updated as we learn more.

UPDATE 5: On Feb. 3, 2020, Top Class Actions viewers started receiving settlement checks in the mail from the American Eagle class action worth as much as $242.46. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.AEOTCPASettlement.com

Claims Administrator

Melito, et al. v. American Eagle Outfitters Inc. Settlement Administrator
c/o Kurtzman Carson Consultants (KCC)
P.O. Box 43459
Providence, RI 02940-3459
(888) 284-3391

Class Counsel

Keith J. Keogh
KEOGH LAW LTD

TERRELL MARSHALL LAW GROUP PLLC

FITAPELLI & SCHAFFER LLP

SCOTT D. OWENS PA

Defense Counsel

Craig J. Mariam
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.

GET A FREE CASE EVALUATION NOW