Hooters Text Message Spam Class Action Settlement

Persons who received unsolicited text messages from Hooters can now claim benefits from a nearly $1.3 million class action settlement.

This Hooters class action lawsuit was initiated by plaintiff Michael Etzel. Etzel claimed Hooters violated a federal anti-telemarketing law by sending promotional text messages to recipients who either had not consented to receive such messages or had revoked any previously given consent.

Under the federal Telephone Consumer Protection Act, advertisers must first get express written consent before using certain automated equipment to send promotional text messages. The TCPA also applies to phone calls made with an autodialer or a prerecorded or artificial voice message.

Etzel alleges that on Jan. 28, 2015, Hooters sent him the following promotional text message:

Hooters Fans: Our mClub has moved! Don’t worry, you’ll still receive exclusive news, just from a new number. Reply STOP to unsubscribe Msg&Data Rates may apply.

He says that neither he nor any of the Class Members expressly consented to receive such text messages from Hooters. Evidence revealed later in the litigation revealed that almost 55,000 such text messages were sent out on that date.

Hooters tried to get Etzel’s claims dismissed, but that effort fell flat in November 2016. Over the company’s arguments, U.S. District Judge Leigh Martin May determined that a single text message that violates the TCPA creates an injury that gives the plaintiff standing to bring a claim against the company.

The parties reached the current Hooters class action settlement in August 2017. Hooters has agreed to set up a $1.29 million settlement fund that will cover payments to Class Members, court costs, class counsel’s attorney fees, and the costs of settlement administration.

Payments will be issued in the form of a Hooters gift card, redeemable at any Hooter’s location. The amount of each Class Member’s payment will depend on whether the Class Member affirmatively revoked consent to receive Hooters’ text messages.

Hooters has also agreed not to send future text messages to Class Members’ cell phones, unless the Class Member offers express written consent after entry of the settlement.

The settlement administrator has sent notification postcards to known Class Members. Persons who believe they are a Class Member but did not get a notification postcard may contact the settlement administrator or use the online claim form on the settlement website to confirm their Class Membership.

Class Members who wish to be excluded from the settlement or to object to the settlement’s terms must do so in writing by Nov. 20, 2017.

Who’s Eligible

Class Members are persons who owned the telephone numbers to which the text message at issue was sent on Jan. 28, 2015 on behalf of Hooters mClub.

Potential Award

$20 or $50 Gift Card.

Class Members who submit a valid and timely claim will receive a Hooters gift card. Gift cards will be worth $50 for Tier One Class Members and $20 for Tier Two Class Members.

Tier One Class Members are those who opted out of receiving text messages from Hooters, such as by texting a “STOP” message.

Tier Two Class Members are those who opted out of receiving Hooters text messages by declining to respond to Hooters’ October 2013 text message that asked them to reaffirm their prior consent to receive text messages about Hooters’ mClub.

Proof of Purchase

The settlement administrator does not ask for any other documentation besides the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/20/2017

Case Name

Etzel v. Hooters of America LLC, Case No. 1:15-cv-01055, in the U.S. District Court for the Northern District of Georgia

Final Hearing

2/2/2018

UPDATE: The Hooters Text Message Spam Class Action Settlement was granted final approval on February 2, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.hoatcpasettlement.com

Claims Administrator

HOA TCPA Settlement Administrator
c/o KCC Class Action Services
P.O. Box 404000
Louisville KY, 40233-4000
1-888-334-1086

Class Counsel

W. Pitts Carr
Alex D. Weatherby
CARR & WEATHERBY LLP

Nicholas P. Panayotopoulos
WEINBERG WHEELER HUDGINS GUNN & DIAL LLC

David Ghattas
LAW OFFICE OF DAVID GHATTAS

Defense Counsel

Becca J. Wahlquist
SNELL & WILMER LLP

Alisa P. Cleek
TAYLOR ENGLISH DUMA 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