hot topic store

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.



In May 2019, Hot Topic agreed to pay $2.9 million to resolve the TCPA claims against them. The company has not admitted any wrongdoing by settling the claims against them. Instead, the settlement provides resolution while avoiding the costs and risks associated with continuing litigation through to a trial.

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.

Who’s Eligible

Individuals who received one or more text messages from Hot Topic between Aug. 1, 2012 and July 26, 2019.

Potential Award

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.



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

12/13/2019

Case Name

Soukhaphonh v. Hot Topic Inc., Case No. 2:16-cv-05124, in the U.S. District Court for the Central District of California

Final Hearing

2/7/2020



Settlement Website
Claims Administrator

Hot Topic Text Message Settlement
c/o KCC Class Action Services LLC
P.O. Box 43496
Providence, RI 02940-3496
1-866-442-7823

Class Counsel

David P. Milian
Ruben Conitzer
CAREY RODRIGUEZ MILIAN GONYA LLP

Robert Ahdoot
Tina Wolfson
AHDOOT & WOLFSON PC

Defense Counsel

Joshua Briones
E. Crystal Lopez
Arameh O’Boyle
Anne-Marie Dao
Kathryn Lafferty Ignash
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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12 Comments

  • Shalane Gray December 9, 2019

    Please add me

  • Karla West December 9, 2019

    Add me

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