Cubamax Travel Text Messages Class Action Settlement

Cubamax recently agreed to pay around $800,000 to resolve claims that it violated federal law by sending unsolicited text message advertisements.

The settlement benefits individuals who were sent a text message promoting Cubamax specials, promotions, and/or locations, between Aug. 8, 2014 and Jan. 3, 2019. There is an estimated 115,482 Class Members eligible for payment under the settlement.

Plaintiff Stephane Poirier filed his class action lawsuit against Cubamax less than a year ago. According to the Cubamax class action lawsuit, Poirier received an unwanted text message advertising Cubamax services in Spanish. Poirier claims that he never consented to receiving texts from the travel company.

“Defendant’s unsolicited text messages caused plaintiff actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion,” Poirier argued in his Cubamax class action lawsuit. “Defendant’s text messages also inconvenienced plaintiff and caused disruption to his daily life.”

Poirier argued that the Cubamax travel texts violated the Telephone Consumer Protection Act (TCPA). The TCPA is a federal law that protects consumers from unsolicited texts, calls, and fax messages.

“Defendant knew that it did not have prior express consent to make these calls, and knew or should have known that it was using equipment that at constituted an automatic telephone dialing system. The violations were therefore willful or knowing,” the Cubamax Travel class action lawsuit states.

Cubamax does not admit any wrongdoing by settling the TCPA claims against them. Instead, the settlement provides a resolution to the claims without going to trial and determining fault.

Class Members who file a valid claim may be able to collect $7 to compensate them for any unsolicited text message advertising Cubamax services. The deadline to file a valid claim is July 5, 2019. If Class Members do not file a claim or exclude themselves from the settlement, they will not be able to recover payment and will give up their legal rights.

The deadline for excluding oneself from or objecting to the settlement is May 21, 2019.

The final approval hearing is scheduled for June 20, 2019.

Who’s Eligible

Individuals who were sent a text message promoting Cubamax specials, promotions, and/or locations, between Aug. 8, 2014 and Jan. 3, 2019.

Potential Award

$7.

Proof of Purchase

Class Members must submit the phone number that received the Cubamax text message.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

7/5/2019

Case Name

Poirier v. Cubamax Travel Inc., Case No. 1:18-cv-23240-CMA, in the U.S. District Court for the Southern District of Florida

Final Hearing

6/20/2019

UPDATE: The Cubamax Travel Text Messages Class Action Settlement was granted final approval on June 20, 2019. Please note that claims will not be paid until after the claim deadline passes.  Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.CubamaxTCPASettlement.com

Claims Administrator

Cubamax Settlement Administrator
c/o Epiq
P.O. Box 4259
Portland, OR 97208-4259
1-877-698-3790

Class Counsel

Scott Edelsberg
EDELSBERG LAW PA

Andrew J. Shamis
SHAMIS AND GENTILE PA

Manuel S. Hiraldo
HIRALDO PA

Defense Counsel

Stephanie Perals
GREENBERG TRAURIG PA

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