$9.9 Million Lucky Brand Text Spam Class Action Settlement Reached

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UPDATE: Instructions on how to file a claim for the Lucky Text Spam Class Action Settlement are up!

A federal judge on Monday preliminarily approved a $9.9 million class action lawsuit settlement with Lucky Brand Dungarees, Inc. and its marketing subcontractors over allegations they sent unsolicited text spam as part of a 2008 back-to-school promotion.

Consumers that received the Lucky Brand text spam between August 24 and September 15, 2008 will receive up to $100 under the class action settlement.

The Lucky Brand text spam settlement will resolve a 2010 class action lawsuit, titled Robles v. Lucky Brand Dungarees, Inc., that accuses the companies of sending thousands of unsolicited text messages to cellphones offering $25 off Lucky jeans or offering store location services to consumers that responded with their ZIP codes.

Lead Plaintiff Juvenal Robles filed the class action lawsuit in October 2010, alleging the Lucky Brand text message campaign violated the federal Telephone Consumer Protection Act (TCPA), which prohibits companies from contacting people on their mobile phones by using an “automatic telephone dialing system” or using “an artificial or prerecorded voice” without their prior express consent. Some courts have even applied the TCPA to unsolicited text messages, or “text spam.”

An estimated 216,000 Class Members are eligible to receive up to $100 each if the Lucky Brand text class action settlement receives final approval. UPDATE: Settlement checks were mailed to eligible consumers on Dec. 31, 2013.

The case is Robles v. Lucky Brand Dungarees, Inc., Case No. 10-cv-4846, U.S. District Court, Northern District of California.

If you received an unsolicited text message or phone call to your cell phone from another company, you may have a legal claim. Visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Investigation for more information.