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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
I received a check today $242.46. I am now divorced with a different last name but I believe my bank will cash it
I got a check today , is it for real, lol?
2/3/20, I received a check today for $242.46. had to double check the legitimacy. I forgot all about this suit!
I received a check today. Dated 01/30/2020.
How much anything good
Have anyone have anyone in Texas receive one of these checks
I received a check yesterday with the same date, but my name is spelled incorrectly on it; I emailed the “settlement administrator” to see if I can get a corrected check; I very much doubt I’ll get a response or another check; do you know of anyone else I can get a hold of regarding this matter?
I just had the same problem. I had to send in a copy of my DL and my marriage license to the administrator. They are going to reissue at a later date.
Susan…How did you get a hold of them?
Any info you can provide will help me and be much appreciated.
How can you concant anyone
Susan…who did you contact
Congrats can u tell us how much please
$242.46
I received a check today on 2/3/2020 in the amount of 242.46. Is this legit
This is my understanding of what’s going on
The case is definitely back in the original court. This happens once the Supreme Court denies a petition.
I’ve read all of the documents and am somewhat confused . This is my best interpretation of it but maybe someone can reach out to TCA to clarify.
The class member who took the case to the Supreme Court has now filed her own separate lawsuit, which the courts are combining with this one. The judge for this case has definitely asked for information pertaining to the lawsuit
It also seems like the lawyers for the defendants are asking the court to hold off until the FCC makes a long awaited statement regarding what exactly defines TCPA violations. It seems like they’ve made it known that they will be releasing this soon, so from what I’m reading, the American eagle lawyers want the judge to hold off on finalizing this lawsuit because if the definitions falls outside of whatever happened in this lawsuit, they are hoping to get it tossed
It looks like quite a few TCPA case are on hold until he FCC statement is released
Again, this is my understanding of what’s going on, but I am comfortable saying that this isn’t paying out soon
I agree with Mr. Thunberg, Rick!
It seems the checks will never be mailed. I have tried calling the number on the Notice flyer that I first received I think in March of 2017 but the number doesn’t work. Any status updates??
Petition denied. We now have to wait what I think is 20 days to see if she submits an appeal to their decision. The Supreme Court gives plaintiffs one opportunity to file a petition for them to reconsider the heir decision.
The justices will be discussing the case during their conference on 12/13. An update should be made available a few days after that
Any up dates?
The petition was submitted on time. My wording was off. The petition is presented to each justice. Some justices review cases personally, but if they can’t get to all of them, then their clerks have the final say on some. Some justices leave it all up to their clerk.s If none of them feel like the case should be looked at then it’s tossed. If one feels like it should be looked at then it stays pending until the justices hold their private meetings where all of them discuss which cases they will agree to hear. The outcomes of these meetings are made public the first Monday after they take place.
But all of this will take some time to occur because the class attorneys have 30 days to respond to this petition. Once they submit it, Kara Bowes will have 10 days to reply to that. That’s when the paperwork is sent off to each justice’s office