Bebe TCPA Class Action Settlement Will Offer Cash Payment to Shoppers

Bebe Stores Inc. has reportedly agreed to settle a class action lawsuit accusing it of violating the Telephone Consumer Protection Act by sending unwanted text messages to consumers.

On Tuesday, plaintiffs Melita Meyer, Samantha Rodriguez and Courtney Barrett filed a memorandum supporting preliminary approval of the proposed Bebe text spam class action settlement.

If the TCPA class action settlement is approved, U.S. consumers who provided their mobile telephone number to Bebe at the point of sale between Oct. 16, 2013 and Jan. 21, 2014 and received an SMS or text message from Bebe may be entitled to a $20 cash payment. It is estimated that 38,600 Class Members may qualify for benefits from the Bebe text spam class action settlement.

The plaintiffs argue that the proposed Bebe text spam settlement benefits are fair, adequate and reasonable, and that the $20 payment is comparable to the benefits provided by similar TCPA class action settlements that have been approved. They also claim that this offered benefit to Class Members is appropriate given the retailer’s financial situation. Bebe has reportedly closed all of its physical stores and terminated most of its employees.

Meyer initially filed the TCPA class action lawsuit against Bebe in January 2014, claiming the retailer used an automatic telephone dialing system to send text messages to cell phones without the consent of the recipient, in violation of the TCPA. Rodriguez filed a similar Bebe class action lawsuit in May 2014, and the two cases were subsequently consolidated in June 2015.

Bebe has fought against the TCPA class action lawsuit, but its attempts to dismiss the litigation were denied. In February 2016, the plaintiffs asked a California federal judge to grant Class certification to the TCPA lawsuit. In August 2016, the judge certified two Classes based on Club Bebe membership status. However, for settlement purposes, the two Classes have been combined so that Club Bebe membership status is not relevant to a Class Member’s eligibility or amount of compensation.

The parties reportedly engaged in a full-day mediation session on April 7, 2017, which helped them resolve the issues set forth in the Bebe text spam class action lawsuit. Bebe denies the allegations but agreed to settle the TCPA class action lawsuit to avoid the burden and expense of ongoing litigation.

A hearing is scheduled for July 18, 2017.

Top Class Actions will post updates to this Bebe text spam 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 green “Follow Article” button at the top of the post.

The plaintiffs are represented by Payam Shahian of Strategic Legal Practices APC, Matthew R. Mendelsohn of Mazie Slater Katz & Freeman LLC and Thomas A. Kearney and Prescott W. Littlefield of Kearney Littlefield LLP.

The Bebe Text Spam Class Action Lawsuit is Melita Meyer, et al. v. Bebe Stores Inc., Case No. 4:14-cv-00267-YGR, in the U.S. District Court for the Northern District of California, Oakland Division.

UPDATE: As of August 21, 2017, the Bebe Stores TCPA settlement website and claim form are now available!  Click here for settlement details.

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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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