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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!
Checkers Drive-In Restaurants has agreed to pay around $3.5 million to resolve claims that they violated federal law by sending out spam texts.
The settlement will benefit consumers who attempted to unsubscribe to Checkers text messages between Jan. 28, 2018 and May 28, 2019 by texting “stop,” “cancel,” “unsubscribe,” ”end,” “quit,” “optout,” “opt out,” “remove,” “cancelar,” “arret,” or “arrette” and were sent subsequent advertisements and promotions through text messages.
Plaintiff Joel Medgebow filed his class action lawsuit against Checkers Drive-In Restaurant in January 2019. Medgebow claimed that he and other consumers received unwanted text message advertisements that violated the Telephone Consumer Protection Act.
The Telephone Consumer Protection Act (TCPA) is a federal law that protects consumers from harassing telemarketing behaviors including spam calls and texts. Under the TCPA, consumers can file a lawsuit or class action lawsuit against offending companies and recover up to $1,500 in statutory damages.
In May 2019, a federal judge approved a $3.5 million settlement to resolve TCPA claims against Checkers. The drive-in restaurant has not admitted any wrongdoing under the TCPA by settling the spam text class action.
The $3,462,300 settlement covers Class Member payments, a $5,000 service award for Medgebow, expense reimbursement of up to $15,000, and attorneys’ fees of up to $1,038,690.
Under the settlement, consumers can collect up to $450 if they submit a valid claim. The claims deadline for the settlement is Aug. 13, 2019.
The deadline for exclusion and objection is Aug. 13, 2019. The final approval hearing is also scheduled for Aug. 13, 2019.
Who’s Eligible
Consumers who attempted to unsubscribe to Checkers text messages between Jan. 28, 2018 and May 28, 2019 by texting “stop,” “cancel,” “unsubscribe,” ”end,” “quit,” “optout,” “opt out,” “remove,” “cancelar,” “arret,” or “arrette” and were sent subsequent advertisements and promotions through text messages.
Potential Award
Up to $450.
Proof of Purchase
N/A
Claim Form
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
8/13/2019
Case Name
Medgebow v. Checkers Drive-In Restaurants Inc. LLC, Case No. 9:19-cv-80090, in the U.S. District Court for the Southern District of Florida
Final Hearing
8/13/2019
UPDATE: The Checkers Drive-In Text Message Class Action Settlement was granted final approval on September 18, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Medgebow v. Checkers Claims Administrator
c/o KCC Class Action Services LLC
P.O. Box 404000
Louisville, KY 40233-4000
877-236-9485
Class Counsel
Seth M. Lehrman
EDWARDS POTTINGER LLC
Joshua H. Eggnatz
Michael J. Pascucci
EGGNATZ | PASCUCCI
Defense Counsel
David S. Almeida
BENESCH FRIEDLANDER COPLAN & ARONOFF 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
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110 thoughts onCheckers Drive-In Text Message Class Action Settlement
Hello I submitted my claim and I have never received response or check
No check in MA yet!!
anyone in Illinois receive a check yet?
They probably lying