HD Supply Marketing Text Messages Class Action Settlement

Persons who received unwanted advertising text messages from HD Supply Inc. can now claim benefits from a $1.2 million class action settlement.

Plaintiff Jonathan Weisberg filed this text message spam class action lawsuit in October 2015. Weisberg claims he received automated text messages advertising services from defendant HD Supply, without ever having consented to receive such messages.

According to Weisberg’s complaint, HD Supply allegedly acquired consumers’ phone numbers by offering them a 10 percent discount in exchange for texting a particular phone number. What these consumers weren’t told, according to Weisberg, was that once HD Supply had their phone number, it would continue to send them automated advertising text messages.

Defendant HD Supply provides maintenance and repair services to owners and managers of commercial properties, multi-unit residential properties, as well as healthcare and government facilities.

Weisberg claims HD Supply’s text message ad campaign was a violation of the federal Telephone Consumer Protection Act. Originally enacted in 1991 to curb telemarketing phone calls and faxes, the TCPA now covers automated SMS text messages sent to mobile phones.

Persons who receive such text messages without having consented to receive them may be able to bring a civil TCPA lawsuit against the sender. Businesses found liable for knowing or willful violations may ultimately be on the hook for $500 to $1,500 in statutory damages for each text message that violates the TCPA.

Weisberg and HD Supply reached a settlement by February 2017, but they had trouble securing preliminary court approval. In April 2017, U.S. District Judge Fernando Olguin voiced concerns about the release of claims in this earlier version of the settlement. The release apparently would have applied to any texts sent by HD Supply, not just those placed at issue in Weisberg’s complaint.

The parties revised the terms of the settlement, and Judge Olguin granted preliminary approval in July 2017. The settlement provides that HD Services will create a settlement fund worth $1.225 million. After deductions are made for settlement administration costs, court costs, attorneys’ fees, and a $5,000 incentive award for the named plaintiff, the remainder will be distributed on a pro rata basis among qualifying Class Members who submit valid and timely claims.

Class Members must submit a Claim Form to get paid. Claim Forms can be submitted online or printed out and mailed.

Class Members who would rather object to the settlement or be excluded from it must file a written request by Dec. 5, 2017.

HD Supply continues to deny Weisberg’s allegations. The company does not admit any liability by entering into this settlement.

Who’s Eligible

The settlement Class covers all persons in the U.S. who, according to HD Supply’s records, received text messages between Oct 21, 2011 and July 26, 2017 that were sent by HDS using an automated telephone dialing system.

Potential Award

The $1.2 million settlement fund will be distributed to Class Members on a pro rata basis. The amount of each settlement payment will depend in part on the number of Class Members who submit valid and timely claims. According to the Preliminary Approval Order, the plaintiff estimates that if each and every of the 13,298 eligible Class Members submit a timely Claim Form, they would each receive approximately $56.39.

Proof of Purchase

The Claim Form requires claimants to provide the number at which they received the text messages at issue. No additional documentation is requested.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/26/2017

Case Name

Weisberg v. HD Supply Inc., Case No. 2:15-cv-08248-FMO-MRW, in the U.S. District Court for the Central District of California

Final Hearing

1/18/2018

UPDATE: The HD Supply Marketing Text Messages Class Action Settlement was granted final approval on January 29, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.HDSSettle.com

Claims Administrator

HDS Settlement Administrator
c/o Epiq Systems Inc.
P.O. Box 4129
Portland, OR 97208-4129
1-844-774-7738
info@HDSSettle.com

Class Counsel

Todd M. Friedman
THE LAW OFFICES OF TODD M. FRIEDMAN PC

Defense Counsel

Alexander H. Cote
SCHEPER KIM & HARRIS 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