Simply Fashion, ExactTarget Text Message Class Action Settlement

A $6.25 million settlement will benefit persons who received unsolicited advertising text messages sent by ExactTarget on behalf of Simply Fashion.

This ExactTarget spam text class action settlement is the result of a claim filed by plaintiff Latonya Simms. Simms alleges that in March 2013 she began to receive unsolicited text messages from ExactTarget on her mobile phone. The messages allegedly advertised sales and other promotions at Simply Fashion retail stores.

All the spam text messages at issue came from the same number, Simms says – a number that belongs to ExactTarget.

ExactTarget produces custom dialing equipment and platforms that allow large numbers of text messages to be sent en masse, according to this spam text class action lawsuit. Simms says ExactTarget is responsible for sending the text messages at issue and for processing requests to stop sending such messages.

Simms says she continued to receive several text messages from ExactTarget through July 2013. She says she tried more than once to opt out of receiving these messages by texting the word “STOP” in reply, and that she got a response each time confirming she was unsubscribed. Yet even then, the unwanted text messages kept on coming, she says.

Advertising text messages like these that are sent without the recipient’s permission are violations of the Telephone Consumer Protection Act, according to the ExactTarget class action lawsuit.

The TCPA restricts telemarketers from using automated dialing equipment to send SMS text messages or phone calls to a mobile phone, unless the sender has the recipient’s consent to be contacted in that manner.

Persons who receive such messages can bring a civil TCPA lawsuit against the sender. Each message or phone call that the plaintiff can show was made in willful or knowing violation of the TCPA can qualify for $500 to $1,500 in statutory damages.

Under terms of this settlement, ExactTarget must pay a total of $6.25 million to cover payments to qualifying Class Members. The same fund will also cover class counsel’s attorney fees and court costs, and the costs of administering the claims,

Class Members can submit claims either online or via mail. The online Claim Form rejects claims based on phone numbers that are not on the list of affected phone numbers. Claims are limited to one claim per affected phone number.

Objections and requests for exclusion must be received by June 5, 2018.

Who’s Eligible

Class Members eligible to make a claim include persons in the U.S. who received a text message through an ExactTarget texting platform sent from or on behalf of Simply Fashion from July 23, 2009 through Sept. 30, 2013.

Potential Award

Up to $1,500.

Payments will be distributed on a pro rata basis among all Class Members who submit valid and timely claims.

Proof of Purchase

No proof of purchase or other documentation is requested, other than the information requested on the Claim Form.

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

6/12/2018

Case Name

Simms v. ExactTarget LLC, Case No. 1:14-cv-00737-WTL-DKL, in the U.S. District Court for the Southern District of Indiana

Final Hearing

7/20/2018

UPDATE: The Simply Fashion, ExactTarget Text Message Class Action Settlement was granted final approval on October 19, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On Dec. 24, 2018, Top Class Actions viewers started receiving Simply Fashion text message class action settlement checks in the mail worth $243.14. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.SimmsTCPASettlement.com

Claims Administrator

Simms v. ExactTarget LLC Claims Administrator
c/o Heffler Claims Group
P.O. Box 11730
Philadelphia, PA 19101-1730
1-844-245-3777
Class Counsel Email: Admin@ConsumersAdvocates.com

Class Counsel

Ronald A. Marron
Alexis M. Wood
Kas L. Gallucci
THE LAW OFFICES OF RONALD A. MARRON

Defense Counsel

Keith E. Eggleton
Tonia Ouellette Klausner
WILSON SONSINI GOODRICH & ROSATI

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