Joya Communications Promotional Texts $3.75M Class Action Settlement

Nationwide consumers who received Joya Communications texts that promoted the mobile apps VideoKik or Marco Polo may be eligible to receive cash benefits thanks to a recent $3.75 million Telephone Consumer Protection Act — or TCPA — class action settlement.

Settlement Class Members include all United States citizens who received Joya Communications’ promotional text message on or prior to March 2, 2017. According to the lawsuit, this text message included the person’s name and a link such as nowpolo.com, videokiks.com, onpolo.com, onmarcopolo.com, or polo-app.com.

Plaintiffs in the class action lawsuit allege Joya Communications violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages to several mobile users in order to self-promote the apps Marco Polo and VideoKik.

The company denies any wrongdoing. Joya Communications argues that while it did send texts, those messages did not violate the TCPA, according to the class action settlement. 

The Court did not make a ruling on this case, and the settlement agreement does not establish guilt or who was correct. Instead, both parties have come to the conclusion that the settlement is in the best interests of everyone involved.

Per the settlement agreement, eligible Class Members will receive a cash payment from the $3.75 million settlement fund. 

The exact amount of this payment will depend on the number of eligible Class Members who file a claim. 

To make a claim, Class Members must submit a claim form with their name, current address, email address, telephone number that received the text messages, and an affirmation statement saying that they received the message from Joya Communications regarding Marco Polo or VideoKik on or before March 2, 2017.

Class Members whose claim is less than $3 will not receive a payment. These amounts and any money from uncashed checks will be distributed to an agreed-upon organization.

In addition to the monetary relief, Joya Communications also has agreed that if it allows its mobile app users to invite others to the apps via text message, its text-messaging program will comply with the law. The company also will maintain records as evidence of this compliance.

Class Members have the right to opt out of this current settlement. To do so, Members must send a letter asking to be excluded from this current class action lawsuit. Class Members may also choose to object to the settlement.

Requests to be excluded from the Joya Communications texts settlement should be postmarked no later than Nov. 15, 2021.

Class Members who do not file a claim or opt out will be bound by the Joya TCPA settlement agreement but they will not receive a payment. They will not be eligible to pursue any future lawsuit regarding this matter.

A final fairness hearing took place June 29, 2017. At the time, Joya Communications was a startup and did not have enough money to pay for the settlement, but it began creating a settlement fund at that time.

The initial deadline to file a claim is Jan. 10, 2022. Class Members who received a supplemental notice of the settlement are eligible to file a claim up until March 9, 2022.

Who’s Eligible

The Class Members include all United States citizens who received Joya’s promotional text message on or prior to March 2, 2017. According to the lawsuit, this text message included the person’s name and a link such as nowpolo.com, videokiks.com, onpolo.com, onmarcopolo.com, or polo-app.com.

Potential Award

Varies

Proof of Purchase

No proof of purchase necessary. 

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

01/10/2022
Class Members who received a supplemental notice of the settlement are eligible to file a claim up until 03/09/2022.

Case Name

Crossley, et al. v. Joya Communications Inc., Case No. 16-CH-14771, in the Circuit Court of Cook County, Illinois County Department, Chancery Division

Final Hearing

06/29/2017

Settlement Website

JoyaTCPASettlement.com

Claims Administrator

Crossley, et al. v. Joya Communications, Inc. Settlement Administrator
P.O. Box 43440
Providence, RI 02940-3440
admin@joyatcpasettlement.com
855-306-1913

Class Counsel

Jay Edelson
Eve-Lynn J. Rapp
EDELSON PC

Defense Counsel

Jeffrey S. Jacobson
KELLEY DRYE & WARREN LLP