Las Vegas Show Text Class Action Settlement

A settlement worth $21.8 million will resolve allegations that a number of Las Vegas entertainment companies violated the Telephone Consumer Protection Act by sending marketing texts.

The settlement benefits those who received a text message regarding a Saxe Productions event between April 1, 2013 and May 31, 2014, including messages from V Theater Group LLC, Saxe Theater LLC, David Saxe Productions Inc., David Saxe Productions LLC, Saxe Management LLC, and/or David Saxe and who did not agree to receive such messages.

A pair of plaintiffs filed the Las Vegas show text message class action lawsuit after allegedly receiving a number of marketing text messages without agreeing to the advertisements.

One plaintiff said that he specifically asked not to be sent “spam” or other advertising when he provided his contact information to one of the theater company defendants when confirming booking information to attend another show.

The class action lawsuit alleged that Saxe Productions, and the other defendants, sent a flurry of messages to consumers advertising various Vegas shows and upgrades to shows, such as adding VIP seating or dinners, between April 2013 and May 2014.

One such message read, “Exclusive Deal! See Vegas! The Show for only $40. Call 1-866-932-1818 ask For the inclusive Email/Text $40 Vegas Deal,” according to the complaint.

The Las Vegas show text message class action lawsuit claims that receiving a text message is a “uniquely personal event.”

“Each text message sent to a cellular telephone number delivers a message literally into the hands of the intended recipient. And telemarketers have found the potency of text messages to be irresistible,” stated the Las Vegas show text message class action lawsuit, pointing out that the use of texts is cheap because it foists the costs of the text onto consumers.

It is also effective because the consumer must view the text to remove it from their mobile device, notes the plaintiffs.

“No other form of advertisement can duplicate the ability of text messages to deliver advertisements into the hands of consumers,” continued the Las Vegas show text message class action lawsuit.

“This is a major reason why text message advertisements sent without prior express consent can be a violation of consumers’ privacy. Thus, federal and state laws restrict the use of automated telephone dialing equipment to transmit uninvited text messages.”

Indeed, a federal law prohibits the use of text message advertising, sometimes called spam texts, under the Telephone Consumer Protection Act (TCPA).

The TCPA requires marketers to obtain the consent of the mobile phone owner to send advertising text messages in the first place. Fines for TCPA violations can be steep, up $1,500 per text sent in violation of the law.

Saxe Productions and the other defendants that allegedly sent the Las Vegas show text message alerts violated the TCPA because they failed to obtain that consent, according to the plaintiffs.

Saxe Productions runs two major theaters located on the famous Las Vegas strip and produces more than 30 shows, according to the complaint. The theater group reportedly worked with marketing companies to develop the text message marketing campaign that allegedly violated the TCPA.

While not admitting any wrongdoing, Saxe Productions and the other defendants agreed to a number of actions to end the Las Vegas show text message class action lawsuit. In addition to paying plaintiff awards and attorneys’ fees, the defendants have agreed to award Class Members $21.8 million in show tickets.

Under the terms of the settlement, Class Members will be provided a Ticket Code to obtain two tickets to a future Saxe Production event. The Ticket Code will be valid for four years and can be transferred, but not sold. The Ticket Code will be provided on email and postcard notices to Class Members.

More than 100,000 Class Members will automatically be sent notices with Ticket Codes. The Ticket Codes will become valid 14 days after the final approval of the settlement or, if there is an appeal, 14 days after the appeal is resolved.

In addition, the defendants have agreed to stop sending text message advertisements without the permission of the recipients.

Further, the defendants must hire an attorney with at least $4 million in legal malpractice insurance to verify that the defendants are not violating the TCPA if they pursue a text message-based marketing campaign.

The deadline to opt out or object to the Las Vegas show text message class action settlement is May 26, 2020. The final hearing is scheduled for June 25, 2020.

Who’s Eligible

Those who received a text message regarding a Saxe Productions event, including from V Theater Group LLC, Saxe Theater LLC, David Saxe Productions Inc., David Saxe Productions LLC, Saxe Management LLC, and/or David Saxe, between April 1, 2013 and May 31, 2014, who did not agree to receive such messages.

Potential Award

Theater Tickets.

Class Members will receive Ticket Codes for two tickets to a Saxe Productions theater show. The Ticket Codes are transferrable, but cannot be sold. They will become valid for four years after the settlement agreement is finalized, either after the final approval hearing or after the conclusion of any appeals filed.

Proof of Purchase

No claim form or proof of purchase necessary. Class Members will receive Ticket Codes on their emailed and postcard notices.

Claim Form

There isn’t a claim form for this settlement. Class Members with further questions can get more information here.

Objection/Exclusion Deadline

5/26/2020

Case Name

Bauman, et al. v. V Theater Group LLC, et al., Case No. 2:14-cv-01125-RFB-BNW, in the U.S. District Court for the District of Nevada

Final Hearing

6/25/2020

Settlement Website

TheaterTextSettlement.com

Claims Administrator

Theater Text Settlement
c/o Settlement Administrator
1650 Arch Street, suite 2210
Philadelphia, PA 19103
info@TheaterTextSettlement.com

Class Counsel

Albert H. Kirby
SOUND JUSTICE LAW GROUP PLLC

Matthew R. Mendelsohn
MAZIE SLATER KATZ & FREEMAN LLC

Dennis L. Kennedy
Paul C. Williams
BAILEY KENNEDY LLP

Payam Shahian
STRATIGIC LEGAL PRACTICES APC

Philip S. Aurbach
Candice Renka
Michael David Maupin
MARQUIS AURBACH COFFING

Defense Counsel

Jeff Silvestri
MCDONALD CARANO WILSON LLO

Kenneth E. Payson
DAVIS WRIGHT TREMAINE 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

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