Hot Topic has agreed to pay $2.9 million to resolve class action claims that the clothing retailer sends advertising text messages even when customers specifically decline to be contacted via text.
The settlement benefits individuals who received one or more text messages from Hot Topic between Aug. 1, 2012 and July 26, 2019.
Plaintiff Diana Soukhaphonh filed her class action lawsuit against Hot Topic in March 2018, claiming that she and other consumers were sent unsolicited text messages from the retailer.
Soukhaphohn allegedly received a spam text in November 2015 containing a message confirming her subscription to Hot Topic alerts. She claims that she never agreed to receiving text messages from the retailer but provided her phone number during a purchase.
According to the Hot Topic class action lawsuit, the spam texts violate the Telephone Consumer Protection Act (TCPA). The TCPA is a federal law that protects consumers from harassing telemarketing techniques. The Act prohibits unsolicited text messages, junk faxes, robocalls, and more.
Under the settlement, Class Members will receive an equal share of the net settlement fund after the payment of attorneys’ fees, court costs, administration costs, and service awards. Final payment amounts will depend on these costs as well as the number of claims filed with the settlement. No current estimates are available.
In order to receive payment from the settlement, Class Members must submit a valid claim by Dec. 13, 2019. The deadline for exclusion and objection is Dec. 13, 2019. The final approval hearing is scheduled for Feb. 7, 2020.
Individuals who received one or more text messages from Hot Topic between Aug. 1, 2012 and July 26, 2019.
Each Class Member will receive an equal share of the net settlement fund after the payment of attorneys’ fees, court costs, administration costs, and service awards. Final payment amounts will depend on the number of claims filed.
Proof of Purchase
Consumers must provide the phone number that received one or more texts from Hot Topic.
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
Soukhaphonh v. Hot Topic Inc., Case No. 2:16-cv-05124, in the U.S. District Court for the Central District of California
Hot Topic Text Message Settlement
c/o KCC Class Action Services LLC
P.O. Box 43496
Providence, RI 02940-3496
David P. Milian
CAREY RODRIGUEZ MILIAN GONYA LLP
AHDOOT & WOLFSON PC
E. Crystal Lopez
Kathryn Lafferty Ignash
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO
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