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This settlement is closed!
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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.
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110 thoughts onCheckers Drive-In Text Message Class Action Settlement
I definitely ate a Checkers a lot used to be my favorite fast food when I didn’t have time to bring my lunch. I also used to receive these text messages all the time I also replied stop quit and no more messages they continued I did not receive a claim number or pin. I would like to be added please
I’ve ate at checkers for years and would always get these text messages that I didn’t want and of course I did start saying stop so I change my number add me Calvin Weston 501 West 11th Street Kansas City Missouri 64105 apartment 511
I’ve ate at checkers for years and would always get these text messages that I didn’t want and of course I did start saying stop so I change my number
I’ve ate at checkers for years and would always get these text messages that I didn’t want and of course I did start saying stop and it kept coming so I ended up changing my phone number almost two years ago
Didn’t Receive a pin
I never received a Pin or Claim number, but this happened to me.
Didn’t receive my pin
I did not receive claim form but was affected.
Add me, mail was held up
Please add me. I did not get a claim or pin and I was affected by this also.