$1.4M Bloomingdale’s Text Spam Settlement Gets Preliminary Approval

On Tuesday, a New Jersey federal judge gave preliminary approval to a $1.4 million settlement that could resolve a class action lawsuit claiming high-end retailer Bloomingdale’s sent unsolicited spam text messages to customers.

If granted final approval, the proposed Bloomingdale’s settlement would provide $750,000 in cash and $650,000 in Bloomingdale’s vouchers to consumers who claim they received unsolicited text messages from the retailer. Per the terms of the settlement agreement, Class Members would have a choice between a receiving a $25 check or a $50 voucher.

In addition, $450,000 would go to attorneys’ fees and costs, and the lead plaintiff, Eli Ashkenazi would receive an award of $10,000.

In reaching a possible settlement to the text message class action lawsuit, Bloomingdale’s continues to deny all wrongdoing, but both parties have agreed to a settlement to avoid the potential risks and costs of continuing litigation. The settlement agreement was started in June 2017. Consumers and the company went into mediation in October 2017, with the proposed settlement reached two months later in December.

Ashkenazi claimed Bloomingdale’s sent unsolicited text messages to members of their Loyalist Program, without warning participants “in any fashion” that the company would send them text messages. Allegedly, program participants did not give their express consent to receive the texts, by signing a form or by other means. This is in alleged violation of the Telephone Consumer Protection Act (TCPA).

However, the Bloomingdale’s TCPA class action lawsuit argues that Bloomingdale’s sent texts out to participants “as a matter of uniform policy,” adverting the company’s sales and promotions.

The Bloomingdale’s text message class action lawsuit’s class of consumers covers all members of the Bloomingdale’s Loyalist Program who received text messages advertising promotions on or after October 16, 2013.

The Bloomingdale’s spam text class action lawsuit claims that the retailer violated the Telephone Consumer Protection Act by sending these text messages. Ashkenazi states that the Telephone Consumer Protection Act aims to protect consumers from bothersome calls from businesses, and bans businesses from contacting consumers without their consent, from advertising merchandise, services, sales, etc., via phone without receiving a consumer’s consent, and bans them from using autodialers or robocalls to contact consumers.

Allegedly, Bloomingdale’s violated the TCPA by sending consumers text messages without their express consent, by advertising products and promotions, and by sending mass text messages via autodialer to many consumers.

During the discovery for the Bloomingdale’s TCPA class action lawsuit, a judge halted the litigation, because another TCPA class action lawsuit was in litigation, and that case’s decision would impact the decision in the Bloomingdale’s case.

In Susinno v. Work Out World, a consumer claimed a gym had violated her privacy by calling her without authorization. The case was initially tossed because a judge ruled that the TCPA did not cover the type of contact that Susinno described. In July 2017, the Third Circuit revived the complaint after having determined that Susinno had, in fact, established that she suffered concrete injury.

As a result of the Susinno v. Work Out World decision, the stay that was placed on the Bloomingdale’s class action lawsuit was lifted, and the case continued through the legal process.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Eli Ashkenazi and the consumer class are represented by Ross H. Schmierer of DeNittis Osefchen Prince PC, Ari H. Marcus of Marcus Law LLC, and Todd M. Friedman of the Law Offices of Todd M. Friedman.

The Bloomingdale’s Text Spam Class Action Lawsuit is Ashkenazi v. Bloomingdale’s Inc. et. al., Case No. 3:15-cv-02705, in the U.S. District Court for the District of New Jersey.