Top Class Actions ย |ย  August 3, 2020

Category: Closed Class Actions

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stay-at-home order for motorboat users

Freedom Boat Club has agreed to pay nearly $1 million to end claims that the boat club violated the Telephone Consumer Protection Act by sending unsolicited text messages.ย 

Class Members include all individuals who received a text message to their cell phone from the short code 77453 or others sent from or on behalf of Freedom Boat Club between March 26, 2015 and June 25, 2020.ย 

Consumers filed a class action lawsuit against Freedom Boat Club seeking actual and statutory damages as allowed under the TCPA. They say that the TCPA requires businesses to obtain express consent to send telemarketing text messages, but the boat club did not obtain this consent before sending such messages.

The consumers decided to file their complaints in the form of a Freedom Boat Club class action lawsuit because they believed that many consumers received comparable or identical text messages from the boat club. Allegedly, these messages were sent en masse using an autodialer, which is prohibited by the TCPA.

Freedom Boat Club denies the allegations brought forward in the Freedom Boat Club TCPA class action lawsuit. Both consumers and the boat club have agreed to settle the claims to avoid the continued costs and risks associated with litigation.ย 

The settlement website explains that the exact amount of benefits given to each settlement member is not known, but the settlement parties anticipate each Class Member will receive around $7.25. The settlement checks will not exceed $10.50.ย 

The $948,457.50 settlement fund will be used not only to compensate consumers, but will also be used to cover attorneysโ€™ fees and expenses, administration costs and a service award given to class representatives.ย 

To receive benefits, Class Members must submit a valid claim form either by mail or online. The deadline to file a claim is Oct. 5, 2020. The rights of Class Members are affected whether or not they submit benefits claims. Those Class Members who remain in the Class give up their rights to pursue independent litigation against Freedom Boat Club over the claims at issue in the Freedom Boat Club text message class action lawsuit.

Those Class Members who do not wish to receive benefits and want to retain their rights to pursue independent litigation must exclude themselves from the Class. They can do so by mailing in their request by Oct. 2, 2020. Class Members cannot opt out over the phone, via email or on the website; opt out requests must be submitted by mail.

Class Members are invited but not required to attend a fairness hearing Nov. 3.ย 

Whoโ€™s Eligible

Class Members include all individuals who received a text message to their cell phone from the short code 77453 or others sent from or on behalf of Freedom Boat Club between March 26, 2015 and June 25, 2020.ย 

Potential Award

$7.25

The settlement website explains that the exact amount of benefits given to each settlement member are not known, but the settlement parties anticipate that each Class Member will receive around $7.25. The settlement checks will not exceed $10.50.ย 

Proof of Purchase

Class Members were sent personalized notices bearing their Notice ID and Confirmation Code. The Notice ID and Confirmation Code are needed to submit a claim.

Claim Form

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

Remember: you are submitting your claimย under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If youโ€™re unsure if you qualify, pleaseย read the FAQ section of the Settlement Administratorโ€™s website to ensure you meet all standards (Top Class Actions is notย a Settlement Administrator). If you donโ€™t qualify for this settlement, check out our database of otherย open class action settlementsย you may be eligible for.

Claim Form Deadline

10/5/2020

Case Name

Aaron Donde v. Freedom Franchise Systems LLC, et al., Case No. 0:19-cv-60785-RS, in U.S. District Court for the Southern District of Florida

Final Hearing

11/3/2020

Settlement Website
Claims Administrator

Freedom Franchise Systems LLC and Freedom Adventures LLC
Attn: Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@FBTCPAsettlement.com
1-877-969-1958

Class Counsel

Avi R. Kaufman
KAUFMAN PA

Defense Counsel

Counsel for Freedom Franchise:
Adam Foslid
Ian Ross
STUMPHAUZER FOSLID SLOMAN ROSS & KOLAYA PLLC

Counsel for Freedom Adventures:
Joshua R. Alhalel
ALHALEL LAW

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

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2 thoughts onFreedom Boat Club Text Message Class Action Settlement

  1. Jackie Farrow says:

    add me.

  2. Felicia R Reddick says:

    add me in

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.