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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
The 1 800 number gives no valuable information.
Hi. Has anyone heard anything or received their payments? I tried calling the number bt I cannot never get anyone.
Report and Recommendation sent for final approval. I rec’d an email that disbursements will be made at the end of the year.
On page 58-63 of the final hearing motion it says that the settlement was finalized and the attonery for the orginal claimant will received over $2million the class settlement admin is awarded $320,000 and the orginal claimant will recieve a $5,000 incentive award and the possible 15,000 class members may receive about $250.00 it says the final hearing was approved 7/06/2018
On page 58-63 of the final hearing motion it says that the settlement was finalized and the attonery for the orginal claimant will received over $2million the class settlement admin is awarded $320,000 and the orginal claimant will recieve a $5,000 incentive award and the possible 15,000 class members may receive about $250.00 it says the final hearing was approved 7/06/2018
Haven’t been contacted yet, mmmm?mm
Have you heard anything
There stuff is very expensive. If you get a credit of $1200 it will not even cover the cheapest stuff in there websites.
No it’s not.. simply fashion carnival rainbow fashion nova are all under the same umbrella..n the items are cheap 1200 u can buy every shoe in the store 2 and a half times still have enough for accessories and outfits nothing in that store is over 30 dollars.. fashion nova yea because the hood rat celebs are promoting it .. simply fashion n rainbow not even .. they are the dollar store of women apparel
Is there an update?
I haven’t heard anything yet
Any new updates?
I haven’t heard anything as of yet
Has there been any updates yet?