Miami Research Associates Flu Study Text Class Action Settlement

A class action settlement worth up to $1.2 million will benefit those who received unauthorized text messages from Miami Research Associates.

Persons who received text messages from Miami Research Associates about a flu study between June 2016 and February 2017 may qualify for settlement benefits.

This settlement resolves claims brought by plaintiff Desiree Marengo, who in a February 2017 class action complaint accused defendant Miami Research Associates of violating federal anti-telemarketing law.

Marengo says she received three text messages from Miami Research Associates in January 2017. The texts, originally in Spanish, said that Miami Research Associates was looking for healthy volunteers ages 18 to 49 for a vaccination study and would offer compensation up to $1,300.

Marengo claims that at no time did she ever consent to receive text messages from Miami Research Associates. She alleges these text messages violate the federal Telephone Consumer Protection Act, a law originally written to curb unwanted telemarketing phone calls.

Since it was enacted in 1991, the TCPA has been extended to cover SMS text messages. Generally, the TCPA forbids the use of automated dialing equipment to send text messages unless the recipient has given the sender prior express consent to receive such text messages.

Persons who receive such text messages can file a civil TCPA lawsuit and seek statutory damages of up to $1,500 for each unauthorized text message.

MRA continues to deny Marengo’s claims. The settlement does not require MRA to admit any fault, and the court has made no decision on liability.

The settlement requires Miami Research Associates to pay up to $1,236,300 into a settlement fund to be distributed among qualifying Class Members who submit valid and timely claims. This fund will also be used to cover a $7,500 incentive award for Marengo and class counsel’s attorney fees and court costs.

Miami Research Associates also agrees to make sure it complies with the TCPA whenever it informs potential study participants about clinical research studies or trials. The company specifically agrees to get adequate consent from individuals before sending them text messages.

Class Members must submit a Claim Form to get payments. Claim Forms may be submitted via mail. They can be downloaded from the settlement website or requested directly from the settlement administrator.

Class Members can exclude themselves from the settlement or object to the settlement’s terms by submitting a written request no later than March 17, 2018.

Who’s Eligible

The settlement Class covers persons who are identified in the Settlement Class List and received a text message from MRA related to the flu vaccine study between June 1, 2016 and Feb. 1, 2017.

The Settlement Class List is a confidential list of 9,510 persons who according to MRA’s records received one of the text messages at issue.

Potential Award

$130.

Each Class Member who submits valid and timely claim will receive a flat payment of $130.

Proof of Purchase

In addition to other information on the Claim Form, Class Members must provide the phone number at which they received the text message at issue.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

3/17/2018

Case Name

Marengo v. Miami Research Associates LLC, Case No. 1:17-cv-20459-JLK, in the U.S. District Court for the Southern District of Florida

Final Hearing

3/27/2018

Settlement Website

www.MRASettlement.com

Claims Administrator

Marengo v. MRA Claims Administrator
c/o Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
1-877-235-4599
MRASettlement@AdministratorClassAction.com

Class Counsel

Manuel S. Hiraldo
HIRALDO PA

Andrew J. Shamis
SHAMIS & GENTILE PA

Seth M. Lehrman
EDWARDS POTTINGER LLC

Defense Counsel

Robert M. Brochin
Brian M. Erchole
Ezra D. Church
Clay M. Carlton
MORGAN LEWIS & BOCKIUS LLP

Join a Free TCPA Class Action Lawsuit Investigation

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.

GET A FREE CASE EVALUATION NOW