$3.5M Checkers Drive-­In Text Message Settlement Gets OK

Checkers Drive-In Restaurants Inc. and a group of customers have received preliminary approval of a $3.5 million class action settlement that would end claims that the chain continued to send text messages to consumers after they attempted to unsubscribe.

The settlement deal would give up to $450 to around 7,700 Checkers customers who received the unwanted texts.

The preliminary approval was granted by U.S. District Judge Beth Bloom who scheduled a fairness hearing for Sept. 17, 2019

Judge Bloom said that the proposed settlement deal was “fair, reasonable, and adequate, entered into in good faith, free of collusion to the detriment of the settlement class and within the range of possible judicial approval.”

Reportedly, the Checkers class action settlement was reached as the result of arms-length negotiations between customers and Checkers Drive-In Restaurants, as well as attorneys for both parties.

Class Members do have the option to opt out of the settlement if they want to retain their right to file a separate lawsuit against Checkers over the spam text messages issue.

The Checkers texts class action lawsuit was filed by Joel Medgebow in January. He said that he attempted to unsubscribe from Checkers text messages, but still got messages advertising the restaurant’s goods and services.

Medgebow says these messages violated the Telephone Consumer Protection Act, which protects individuals from receiving unsolicited, bothersome phone calls, text messages, faxes and voicemails that advertise products.

According to the Checkers Drive-In class action, Medgebow revoked his consent by attempting to unsubscribe on Dec. 5, 2018. Nonetheless, he allegedly received more than 20 text messages between December 2018 and January 2019.

The Checkers class action lawsuit says that many other consumers attempted to opt out of text messages using a range of words like “stop,” “unsubscribe,” “end,” quit,” and “cancel” in response to the messages, but still ended up getting the messages regardless.

Medgebow asserts that Checkers violated the TCPA by sending messages to consumers without their consent — messages that were intended to advertise Checkers’ goods and services.

He goes on to note that the TCPA prohibits businesses from sending messages en masse, and using autodialers to send them to many people at once. Allegedly, the message’s content was clearly designed to be sent to many people.

Medgebow says that he and other consumers were injured by Checkers because they were inconvenienced by the spam text messages and had their privacy infringed upon. 

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Medgebow is represented by Seth Michael Lehman of Edwards Pottinger LLC, and Joshua Harris Eggnatz and Michael J. Pascucci of Eggnatz Pascucci PA.

The Checkers Drive-In Text Messages Class Action Lawsuit is Joel Medgebow v. Checkers Drive-In Restaurants Inc., Case No. 9:19-cv-80090, in the U.S. District Court for the Southern District of Florida.
UPDATE: July 2019, the Checkers Drive-In text message class action settlement is now open.Click here to file a claim.

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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.

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