Bebe Text Spam Class Action Settlement

Customers of Bebe clothing stores who received text messages they didn’t consent to receive can claim payment under a new text spam class action settlement.

Plaintiffs Melita Meyer, Samantha Rodriguez and Courtney Barrett accuse defendant Bebe Stores Inc. of sending them advertising text messages they never consented to receive. They allege Bebe collected their phone numbers at its stores’ point of sale, then signed the plaintiffs up for “Club Bebe,” a customer loyalty program. Bebe subsequently sent a text message to each plaintiffs’ phone number.

The plaintiffs say these text messages were sent using automated dialing equipment. They contend that they were not told when they gave Bebe their phone numbers that they would receive any text messages, and they never consented to receive such text messages.

By sending these messages without consent, Bebe allegedly violated the federal Telephone Consumer Protection Act, or TCPA. The TCPA was passed in 1991 in part to curb the use of automated dialing equipment and prerecorded or artificial voices to place telemarketing phone calls. Its prohibitions have since been extended to cover SMS text messaging sent to mobile phone numbers.

Persons who receive such calls or texts without having previously consented to receive them may be eligible to bring a civil claim. They may be able to seek statutory damages of $500 to $1,500 for each call or text that violates the TCPA.

The plaintiffs’ claims survived a motion for dismissal in February 2015. Bebe tried arguing that the plaintiffs had actually consented to receiving the text messages when they gave Bebe their phone numbers.

U.S. District Judge Yvonne Gonzalez-Rogers disagreed, finding the plaintiffs had adequately alleged a lack of consent.

The parties reached the current Bebe class action settlement in June 2017. Under terms of the settlement, Bebe will send a cash payment to each qualifying Class Member who submits a timely and valid claim.

Bebe continues to deny the plaintiffs’ allegations. The settlement does not require Bebe to admit any liability, and the court has made no decision on that issue.

Who’s Eligible

Claimants may be eligible for payment if they gave their mobile phone number to Bebe at a Bebe store’s point of sale between Oct.16, 2013 and Jan. 21, 2014, and if they also received a text message from Bebe or on Bebe’s behalf before Jan. 22, 2014.

Potential Award

$20

Class Members who file timely and valid claims can receive a payment of $20.

Proof of Purchase

Claimants will need to provide their contact information and the mobile phone number at which they received a text message from or on behalf of Bebe. No proof of purchase or other documentation is required beyond the information requested in the claim form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

10/17/2017

Case Name

Meyer, et al. v. Bebe Stores Inc., Case No. 4:14-cv-00267, in the U.S. District Court for the Northern District of California

Final Hearing

11/28/2017

Settlement Website

www.bebetcpasettlement.com

Claims Administrator

Meyer, et al. v. Bebe Stores Inc. Settlement
c/o Atticus Administration, LLC
PO Box 1440
Minneapolis, MN 55440
info@bebetcpasettlement.com

Class Counsel

STRATEGIC LEGAL PRACTICES APC
MAZIE SLATER KATZ & FREEMAN LLC
KEARNEY LITTLEFIELD LLP
ECOTECH LAW GROUP

Defense Counsel

PILLSBURY WINTHROP SHAW PITTMAN LLP