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This settlement is closed!
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A $6.25 million settlement will benefit persons who received unsolicited advertising text messages sent by ExactTarget on behalf of Simply Fashion.
This ExactTarget spam text class action settlement is the result of a claim filed by plaintiff Latonya Simms. Simms alleges that in March 2013 she began to receive unsolicited text messages from ExactTarget on her mobile phone. The messages allegedly advertised sales and other promotions at Simply Fashion retail stores.
All the spam text messages at issue came from the same number, Simms says – a number that belongs to ExactTarget.
ExactTarget produces custom dialing equipment and platforms that allow large numbers of text messages to be sent en masse, according to this spam text class action lawsuit. Simms says ExactTarget is responsible for sending the text messages at issue and for processing requests to stop sending such messages.
Simms says she continued to receive several text messages from ExactTarget through July 2013. She says she tried more than once to opt out of receiving these messages by texting the word “STOP” in reply, and that she got a response each time confirming she was unsubscribed. Yet even then, the unwanted text messages kept on coming, she says.
Advertising text messages like these that are sent without the recipient’s permission are violations of the Telephone Consumer Protection Act, according to the ExactTarget class action lawsuit.
The TCPA restricts telemarketers from using automated dialing equipment to send SMS text messages or phone calls to a mobile phone, unless the sender has the recipient’s consent to be contacted in that manner.
Persons who receive such messages can bring a civil TCPA lawsuit against the sender. Each message or phone call that the plaintiff can show was made in willful or knowing violation of the TCPA can qualify for $500 to $1,500 in statutory damages.
Under terms of this settlement, ExactTarget must pay a total of $6.25 million to cover payments to qualifying Class Members. The same fund will also cover class counsel’s attorney fees and court costs, and the costs of administering the claims,
Class Members can submit claims either online or via mail. The online Claim Form rejects claims based on phone numbers that are not on the list of affected phone numbers. Claims are limited to one claim per affected phone number.
Objections and requests for exclusion must be received by June 5, 2018.
Who’s Eligible
Class Members eligible to make a claim include persons in the U.S. who received a text message through an ExactTarget texting platform sent from or on behalf of Simply Fashion from July 23, 2009 through Sept. 30, 2013.
Potential Award
Up to $1,500.
Payments will be distributed on a pro rata basis among all Class Members who submit valid and timely claims.
Proof of Purchase
No proof of purchase or other documentation is requested, other than the information requested on the Claim Form.
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
6/12/2018
Case Name
Simms v. ExactTarget LLC, Case No. 1:14-cv-00737-WTL-DKL, in the U.S. District Court for the Southern District of Indiana
Final Hearing
7/20/2018
UPDATE: The Simply Fashion, ExactTarget Text Message Class Action Settlement was granted final approval on October 19, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Dec. 24, 2018, Top Class Actions viewers started receiving Simply Fashion text message class action settlement checks in the mail worth $243.14. Congratulations to everyone who filed a claim and got PAID!
Settlement Website
Claims Administrator
Simms v. ExactTarget LLC Claims Administrator
c/o Heffler Claims Group
P.O. Box 11730
Philadelphia, PA 19101-1730
1-844-245-3777
Class Counsel Email: Admin@ConsumersAdvocates.com
Class Counsel
Ronald A. Marron
Alexis M. Wood
Kas L. Gallucci
THE LAW OFFICES OF RONALD A. MARRON
Defense Counsel
Keith E. Eggleton
Tonia Ouellette Klausner
WILSON SONSINI GOODRICH & ROSATI
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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244 thoughts onSimply Fashion, ExactTarget Text Message Class Action Settlement
when will another check be mailed from this settlement
Been sent the check back in September sent a letter saying my last name changed to Elizabeth Thompkins HAVEN’T heard back from y’all please call me and tell me what’s happening 601-5964162 sent it back before the deadline name was Elizabeth Hathorn
What happened to up to 1,500 dollars?
up to does not mean exact amount…long as you got something for the trouble…greed
Something coming today in Informed Delivery for this claim …
I also have something in informed delivery for today from this settlement. Is it a denial letter?
Seen the same thing in my daily delivery mail. Let’s hope it’s not a denial! lol
I read a few comments back from last year and seen that denial letters were sent out before others received their payments in December.
I’m wondering if they had to send some payments out later and that is why some of us are receiving late payments?
I think I got paid for this so they may have had more money left than they expected left over so they may be sending out another payment. Mail still havent come yet to know for sure.
denial letters were sent last yr, this is the 2nd cycle of payments…why would they send a denial …when they issuing out 2nd round of checks?
Second distribution $19 some change
Yippeeeeee $19.94 for second payment .. Im not mad at all ;-]
I have not received my check. Whom shall we call? I want to receive before the cut off for cashing the check.
Aphonda I haven’t received mine either! I talked with someone last week and she said that the checks would be mailed out last Friday the 15th of February.
Candy : pleas let us know when you get yours I haven’t received mine either no denied or check
Joys,I’m still waiting. I called today and yesterday but no one has returned my calls. Have you received your payment yet?
No payment or denied have you get yours yet ?
I Received a check but I sent it back because my NAMEWasElizabeth HATHORN BUT I GOT MARRIED AND IT CHANGED TOO ELIZABETH THOMPKINS
SO I WAS CONCERNED BECAUSE Y’ALL HAVEN’T SENT ME ANOTHER CHECK CLASS MEMBET ID 309752D79M7HB
I received my check of $243.14 on December 24, 2018. Thank you it was a blessing just in time before Christmas.
Thanks a LOT i really did NEED it. I really spent a whole LOT more!!!!