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This settlement is closed!
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C.R. England has agreed to pay $315,000 to resolve claims it sent unsolicited recruitment text messages in violation of the federal Telephone Consumer Protection Act (TCPA). The settlement deal provides cash payments to text message recipients.
The TCPA settlement benefits individuals who received text messages from C.R. England between Jan. 1, 2019, and June 30, 2019, even after replying with an opt out phrase such as “stop,” “stopall,” “unsubscribe,” “cancel,” “end” or “quit.”
Plaintiff Derrick Virgne filed his class action lawsuit in May 2019, contending C.R. England sent him unsolicited recruitment text messages after he inquired about the company’s truck driving school in Indiana. According to Virgne, these unsolicited text messages continued to bombard his phone even after he repeatedly responded with “STOP” in an attempt to opt out.
“In order to market its driving schools to potential drivers, [C.R. England] operates an aggressive contact schedule which bombards unsuspecting consumers with automated text messages, even after the recipients ask [C.R. England] to ‘STOP’ sending the messages,” the spam text messages class action lawsuit contends.
These text messages were allegedly sent by an automatic dialing system.
To prove this, Virgne points out the texts came from a “short code” — a five-digit number used to send texts en masse. The plaintiff also references the “pre-written templates of impersonal texts” used in the messages to support his claims.
According to Virgne, these unsolicited text messages violated the federal Telephone Consumer Protection Act. The TCPA requires businesses to have prior express written consent in order to send automatic telemarketing calls, texts or faxes. Without this consent, businesses cannot contact consumers for telemarketing purposes.
The TCPA also carefully controls the way businesses can use automated dialing systems when contacting consumers.
Virgne argued that, under the TCPA, he and other consumers were owed monetary damages. The TCPA allows wronged consumers to seek up to $1,500 in statutory damages for each violation (i.e. for each text message). When multiple messages are sent, this can quickly add up to thousands of dollars per consumer.
C.R. England has denied all of the claims against it and maintains it did not violate the TCPA. However, the company has agreed to resolve the claims against it with a $315,000 settlement.
Under the terms of the TCPA text messages settlement, Class Members can collect cash payments. Exact payment amounts will vary depending on the number of claims filed and the net settlement fund after attorneys’ fees, administrative expenses, court costs and other deductions.
In order to benefit from the settlement, Class Members must file a valid claim form by Dec. 7, 2020. A Claim Identification number — sent with Class notice postcards — or the cellphone number that received text messages from C.R. England is required on valid claims from Class Members.
The deadline for exclusion and objection is Dec. 7, 2020. The final approval hearing for the text messages settlement is scheduled for Jan. 13, 2021.
Who’s Eligible
Individuals who received text messages from C.R. England between Jan. 1, 2019, and June 30, 2019, even after replying with an opt out phrase such as “stop,” “stopall,” “unsubscribe,” “cancel,” “end” or “quit.”
Potential Award
TBD.
Exact payment amounts will depend on the number of claims filed and the net settlement fund after attorneys’ fees, administrative expenses, court costs and other deductions.
Proof of Purchase
A Claim Identification number (sent with Class notice postcards) or the cell phone number which received text messages from C. R. England is required with claims.
Claim Form
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
12/07/2020
Case Name
Derrick Virgne v. C.R. England Inc., Case No. 1:2019-cv-2011, in the U.S. District Court for the Southern District of Indiana
Final Hearing
01/13/2021
Settlement Website
Claims Administrator
Trucking TCPA Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 43501
Providence, RI 02940-3501
1-866-771-1660
Class Counsel
Stephen Taylor
Sergei Lemberg
LEMBERG LAW LLC
Defense Counsel
David Almeida
Mark Eisen
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
Read About More Class Action Lawsuits & Class Action Settlements:
5 thoughts onC.R. England Text Messages Class Action Settlement
I filed before the deadline but i never received a check. SMH.
I never received a check
Hi I never go a check
add me please
I have received these texts to my cell number, but it won’t let me “File a Claim” because it says my cell number is not in their Data Base. Help, please.