Plaintiff Asks Judge to OK $3M Jenny Craig TCPA Class Action Settlement

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Last week, a plaintiff asked a Florida federal judge to preliminarily approve a proposed class action settlement alleging Jenny Craig Inc. violated the Telephone Consumer Protection Act by sending text messages without the recipients’ consent.

On Aug. 7, plaintiff Zoey Bloom filed an unopposed motion for preliminary approval of the $3 million Jenny Craig TCPA class action settlement.

She says the proposed deal was reached after extensive arm’s-length negotiations and that “a preliminary review of the factors related to the fairness, adequacy and reasonableness of the Settlement demonstrates that it fits well within the range of reasonableness, such that Preliminary Approval is appropriate.”

Bloom initially filed the Jenny Craig class action lawsuit on May 7, 2018, claiming she received text message spam from Jenny Craig starting in March.

She maintains that she never consented to receive such promotional text messages from Jenny Craig and that the texts therefore violated the TCPA.

The Telephone Consumer Protection Act prohibits companies from contacting consumers for advertising purposes via telephone, cell phone or fax machine without their express consent.

The federal law expressly prohibits the use of an automated telephone dialing system to send calls, texts and/or faxes to large numbers of consumers.

Bloom claims Jenny Craig knew or should have known that it was sending text messages to consumers who had not consented to receiving marketing texts from the weight loss company.

According to the Jenny Craig text message class action lawsuit, TCPA violations may result in fines ranging from $500 to $1,500 per unwanted call, text message or fax.

Jenny Craig denies the allegations but agreed to settle the TCPA class action lawsuit to avoid the risk and expense associated with ongoing litigation.

Bloom has also asked the judge to certify a Settlement Class that includes anyone in the United States who received at least one text message on their cell phone from Jenny Craig through the TextMagic platform since May 7, 2014. She estimates that 628,610 individuals may qualify as Class Members of the Jenny Craig TCPA class action settlement.

Under the terms of the proposed Jenny Craig TCPA class action settlement, Class Members who file a timely Claim Form will be eligible to receive a cash payment. The amount of the payment will depend on the total number of valid claims that are filed.

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

Bloom is represented by Manuel S. Hiraldo of Hiraldo PA, Andrew J. Shamis of Shamis & Gentile PA, and by Scott A. Edelsberg of Edelsberg Law PA.

The Jenny Craig Text Message Spam Class Action Lawsuit is Zoey Bloom v. Jenny Craig Inc., Case No. 1:18-cv-21820-KMM, in the U.S. District Court for the Southern District of Florida.

UPDATE: October 2018, the Jenny Craig unwanted text message class action settlement is now open. Click here to file a claim.

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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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