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. Â
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
Wonder if the petition was filed on time?
Hope it goes through a clerk that works for a hard-working Justice. An efficient one. Like RBG.
Don’t want it to get bogged down by other priorities….
Like if Kavanaugh was having a kegger that week. Like, yeah, we all like beer, but this is a federal case effecting thousands…. please…
This case is now in the Supreme Court. The applicant has until October 16th to submit their petition. The petition will go to one of the justices. Their clerks are the ones who first review the petitions and then recommend which ones the justice should look at. The justice then looks at the cases and picks the ones he or she thinks are important. After that, the case is presented at a meeting of all of the justices. They all decide which cases they want to hear. They also decide if it will be heard this session that ends in June 2020 or during the next one that starts October 2020. If the case is denied at any of these steps, it’s considered final and payments can commence according to the terms in the settlement agreement. Most cases won’t get past the clerks.
If anyone wants to look this up on the Supreme Court website, the case is
Kara Bowes, Applicant
v.
Christina Melito, et al.
Each justice has their own clerks. When people place importance on which party that the justices belong to, this is why. Some cases will be given priority, or completely put to side, depending on which way the clerk leans politically since they look at every petition. Most justices have clerks that align with their views
So, what’s the latest on this case?
been another two weeks already … labor day’s in less than one more.
Maybe scotus is busy until next year?
Perhaps if/when this resolves, it will still be worth a total of 25 cents per day.
from the day you filed your claim.
Perhaps.
Updates, PLEASE
Maybe check back when summer begins. Yeah, that sounds right. Hope the powers that be want to get this essentially finished before their families start trying to take long, wandering summer vacations. So, whenzat? … like the last week of june ….?
Anything to report on when checks will be sent?
Any updates
888) 284-3391 is the phone number listed on the website of the settlement administrator’s host (and the sites of other entities tracking this case).
When we call this number, we reach a hospital administration system.
Anyway, while Settlement Administrator c/o Kurtzman Carson Consultants (KCC) has not gotten around to updating the case website with the case progress info that occurred last month — maybe if they do so someday, they will update the phone number too. [We are sure the hospital will be pleased too. It is likely they don’t need 600,000 class members calling them for updates on a court case.]
YAYYYY!!!!