Rita’s Italian Ice TCPA Settlement Checks in the Mail

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TCA viewers are reporting that they have begun receiving payments for up to $1,584 in the Rita’s Italian Ice TCPA settlement over allegations that they received unwanted “cool alerts” text messages from the company.

Lead plaintiff Sherry Brown alleged in her TCPA class action lawsuit that she and others received text messages from Rita’s Italian Ice starting in June of 2011. The plaintiff alleged that she had never provided consent to receive those messages, making the texts a violation of the Telephone Consumer Protection Act.

The messages were called “cool alerts” and included information about various frozen desserts for sale at retail Rita’s Italian Ice locations.

Rita’s Italian Ice settled the class action lawsuit by agreeing to pay $3 million to a Class of consumers who received the “cool alerts” between June 22, 2011 and Sept. 15, 2015.

According to the Top Class Actions Facebook page, Class members who filed valid claims for the Rita’s Italian Ice TCPS Class Action Settlement began receiving checks for as much as $1,584.00. Checks reached TCA viewers starting Oct. 26, 2017. If you filed a valid claim for this settlement, keep your eye on your mailbox because checks are arriving.

The Telephone Consumer Protection Act (TCPA) makes it illegal for companies to harass consumers with unconsented calls and messages using electronic communications, like phones, faxes and now cell phones. It was enacted in 1991 to stop companies from using auto dialers and other electronic advertising unless they first obtain permission from the consumers. Companies that violated the TCPA can be subject to statutory damages of up to $1,500 per unwanted communication.

Rita’s Italian Ice said that it did not admit to any violations of the TCPA when it settled the class action, but said it wanted to avoid the expense and uncertainty of further court proceedings.

Class Members include all U.S. residents who received a “cool alerts” text message between June 22, 2011 and Sept. 15, 2015. The deadline to file a claim was July 8, 2016.

The award varies for each class member. An “Award Unit” formula is used to determine the portion of the settlement fund each Class Member will receive. Some class members will only be eligible to receive an award for one unwanted “cool alerts” message, while others who responded “STOP” to earlier text messages, but still kept getting “cool alerts” messages will receive ten award units. Class members who got both types of messages will receive eleven award units under the settlement agreement.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

Lead plaintiff Sherry Brown as well as the Class are represented by Jody B. Burton, Sergei Lemberg, and Stephen F. Taylor of Lemberg Law LLC.

The Rita’s Italian Ice TCPA Class Action Lawsuit was Sherry Brown v. Rita’s Water Ice Franchise Company LLC, Case No. 2:15-cv-03509-TJS, in the U.S. District Court for the Eastern District of Pennsylvania.