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Freedom Boat Club has agreed to pay nearly $1 million to end claims that the boat club violated the Telephone Consumer Protection Act by sending unsolicited text messages.ย
Class Members include all individuals who received a text message to their cell phone from the short code 77453 or others sent from or on behalf of Freedom Boat Club between March 26, 2015 and June 25, 2020.ย
Consumers filed a class action lawsuit against Freedom Boat Club seeking actual and statutory damages as allowed under the TCPA. They say that the TCPA requires businesses to obtain express consent to send telemarketing text messages, but the boat club did not obtain this consent before sending such messages.
The consumers decided to file their complaints in the form of a Freedom Boat Club class action lawsuit because they believed that many consumers received comparable or identical text messages from the boat club. Allegedly, these messages were sent en masse using an autodialer, which is prohibited by the TCPA.
Freedom Boat Club denies the allegations brought forward in the Freedom Boat Club TCPA class action lawsuit. Both consumers and the boat club have agreed to settle the claims to avoid the continued costs and risks associated with litigation.ย
The settlement website explains that the exact amount of benefits given to each settlement member is not known, but the settlement parties anticipate each Class Member will receive around $7.25. The settlement checks will not exceed $10.50.ย
The $948,457.50 settlement fund will be used not only to compensate consumers, but will also be used to cover attorneysโ fees and expenses, administration costs and a service award given to class representatives.ย
To receive benefits, Class Members must submit a valid claim form either by mail or online. The deadline to file a claim is Oct. 5, 2020. The rights of Class Members are affected whether or not they submit benefits claims. Those Class Members who remain in the Class give up their rights to pursue independent litigation against Freedom Boat Club over the claims at issue in the Freedom Boat Club text message class action lawsuit.
Those Class Members who do not wish to receive benefits and want to retain their rights to pursue independent litigation must exclude themselves from the Class. They can do so by mailing in their request by Oct. 2, 2020. Class Members cannot opt out over the phone, via email or on the website; opt out requests must be submitted by mail.
Class Members are invited but not required to attend a fairness hearing Nov. 3.ย
Whoโs Eligible
Class Members include all individuals who received a text message to their cell phone from the short code 77453 or others sent from or on behalf of Freedom Boat Club between March 26, 2015 and June 25, 2020.ย
Potential Award
$7.25
The settlement website explains that the exact amount of benefits given to each settlement member are not known, but the settlement parties anticipate that each Class Member will receive around $7.25. The settlement checks will not exceed $10.50.ย
Proof of Purchase
Class Members were sent personalized notices bearing their Notice ID and Confirmation Code. The Notice ID and Confirmation Code are needed to submit a claim.
Claim Form
NOTE:ย If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claimย under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If youโre unsure if you qualify, pleaseย read the FAQ section of the Settlement Administratorโs website to ensure you meet all standards (Top Class Actions is notย a Settlement Administrator). If you donโt qualify for this settlement, check out our database of otherย open class action settlementsย you may be eligible for.
Claim Form Deadline
10/5/2020
Case Name
Aaron Donde v. Freedom Franchise Systems LLC, et al., Case No. 0:19-cv-60785-RS, in U.S. District Court for the Southern District of Florida
Final Hearing
11/3/2020
Settlement Website
Claims Administrator
Freedom Franchise Systems LLC and Freedom Adventures LLC
Attn: Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@FBTCPAsettlement.com
1-877-969-1958
Class Counsel
Avi R. Kaufman
KAUFMAN PA
Defense Counsel
Counsel for Freedom Franchise:
Adam Foslid
Ian Ross
STUMPHAUZER FOSLID SLOMAN ROSS & KOLAYA PLLC
Counsel for Freedom Adventures:
Joshua R. Alhalel
ALHALEL LAW
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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