Nasty Gal Promo Code Class Action Settlement Accepting Claims

Consumers who received an unsolicited Nasty Gal promo code text message may be able to recover cash payments or vouchers from a class action settlement.

Nasty Gal has agreed to resolve claims that they violated the Telephone Consumer Protection Act by sending unsolicited text messages containing sale advertisements to consumers in an attempt to encourage purchases. Although the company has not admitted any wrongdoing, it has agreed to pay to resolve the claims against it.

The Nasty Gal promo code text class action settlement benefits individuals who received a text message from NastyGal.com on their cell phone between July 1, 2015, and June 7, 2020.

Under the terms of the settlement, these consumers can collect either a cash payment of up to $35 or a $45 voucher for use on the Nasty Gal website. Exact cash payment amounts will depend on the number of claims filed for these benefits, although a voucher of $45 is reportedly guaranteed if Class Members chooses not to receive a cash payment.

In order to benefit from the Nasty Gal coupon text class action settlement, Class Members must file a valid claim form by Sept. 18, 2020.

To file a claim online, Class Members need a claim ID and PIN, which were sent to the via a settlement notice. However, if Class Members do not have this information, they can print a claim form from the settlement website, fill it out and mail it to the settlement administrator.

Class Members had until Aug. 3, 2020, to either object to the settlement terms or opt out of the Nasty Gal promo code class action settlement. The final approval hearing for the settlement is scheduled for Sept. 3, 2020. At this hearing, the court will make a decision about whether or not the settlement can move forward to the payment process.

Class Members who have further questions about the Nasty Gal promo code text class action settlement can read more on the settlement website or contact the settlement administrator at 1-866-726-4019.

Nasty Gal sells a variety of products online, including clothing, accessories, makeup and more. Unfortunately, according to plaintiffs Amanda Defranks and Katherine Fowler, Nasty Gal violated federal law when it sent unsolicited text messages containing promo codes and coupons.

The Florida residents allegedly received at least two Nasty Gal coupon texts with generic promo codes and content. According to the two women, the text messages were sent using an automatic dialing system because they were sent from a “short code.”

The Nasty Gal coupon code class action lawsuit claimed the online retailer violated the federal Telephone Consumer Protection Act, or TCPA. This law prohibits businesses from contacting consumers with unsolicited telemarketing calls, texts, or faxes. Under the terms of the law, businesses are required to get express written consent before they contact consumers with these communications.

Failure to adhere to TCPA guidelines can result in significant damages being paid to consumers – up to $1,500 per violation in the case of willful TCPA violations. Based on these prospective payments, the plaintiffs sought $5 million in damages on behalf of themselves and the proposed Class.

Although the Nasty Gal coupon class action settlement does not provide the maximum damages to Class Members, the plaintiffs argue that the deal is reasonable and fair by providing compensation to affected consumers.

If the Nasty Gal coupon code class action lawsuit continued through to a trial, the plaintiffs note that there is no guarantee that any compensation would be recovered.

In addition to providing cash benefits to Class Members, the Nasty Gal promo code class action settlement provides up to $950,000 in attorneys’ fees and payment for other settlement costs. Each of the plaintiffs will receive up to $5,000 in service awards for their work as Class representatives in the Nasty Gal coupon text class action lawsuit.

This is not the first time Nasty Gal has faced legal action over its conduct. After facing allegations that the company illegally copied jewelry designs and unfairly fired pregnant employees, Nasty Gal filed for Chapter 11 bankruptcy in November 2016.

Did you receive a Nasty Gal promo code text message despite not giving the company permission? Have you filed a claim with this class action settlement? Let us know in the comment section below!

Plaintiffs and settlement Class Members are represented by Scott Edelsberg of Edelsberg Law PA.

The Nasty Gal Promo Code Spam Text Class Action Lawsuit is Defranks v. Nastygal.com USA Inc., Case No. 1:19-cv-23028-DPG, in the U.S. District Court for the Southern District of Florida.

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