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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!
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 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
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.
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107 thoughts onAmerican Eagle Outfitters TCPA Class Action Settlement
The evident objectors, who are apparently delaying (in a major way) the sending of payments to the class members, are so objectionable themselves. —————– Just sayin’ …
I agree this Settlement was back in October 2017 and we still have not received anything. What is going on?????????????
Appeals still pending.
Any updates the appeals process?
Have any one got paid yet.
Any updates on this case
Any updates??
Appeals still pending.
So many of these cases go to appeal. That’s cool. That’s the defendant’s last chance not to pay.
What WOULD be nice is a simple posting of status. So, a given case is being appealed: WHAT IS THE STATUTORY LIMIT TO THE LENGTH OF TIME THAT MAY TAKE? MAYBE ONCE A MONTH LET US KNOW OF ANY COURT CALENDAR DATES OR OF MOTIONS THAT HAVE BEEN HEARD — ANY CLUES AS TO PROGRESS??
Seems really easy for claims administrators to stop updating sites as soon as case is in appeal. Sometimes permanently. Maybe that is understandable — they have little incentive to do so.
And the attorneys seem to have even less incentive to communicate with the class. Even though they ostensibly work for the class, seems they are working pretty narrowly just for that “third of the million$” they generally garner.
We appreciate your feedback. Please note that appeals are often not filed by the defendants, but by objectors to the settlement. Appeals can take several months or even longer to resolve, there is no set timeline. Please email us at questions@TopClassActions.com if you have any additional questions. Thank you!
What is going on with this Settlement? We are in a New Year.
Hello, since I filed my claim earlier in the year my address has changed. How do I update my address on file?
How do I update my mailing address?
Thank You
You’ll need to contact the settlement administrator with your change of address information:
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
What’s going on with this appeal. I’d like to know when checks are going out
ok, it been over 30 days, looks like no appeal.
Unfortunately, an appeal was filed on 10/6/17. Top Class Actions will keep our viewers updated!
When will the checks be mailed out
Have u gotten yours yet?
The settlement was just granted final approval on 9/11/17. There is a 30 day period in which appeals can be filed. Claims will not be paid until after this period expires with no appeals filed.
Any updates TCA?
Still waiting for final approval from the court.