Rack Room Shoes has agreed to pay almost $26 million to resolve class action claims that they violated the Telephone Consumer Protection Act by sending unsolicited text messages.
The Rack Room class action settlement benefits consumers who enrolled in the Rack Room Rewards Program or Off Broadway Reward Program during a purchase who later received a text message from the program on or after April 2, 2014.
Plaintiff Maxwell Goldschmidt filed his Rack Room class action lawsuit in April 2018, claiming that he was sent several text messages by the company over the course of 2017. Goldschmidt says he did not consent to receiving these text messages, meaning that they violated the TCPA.
The Telephone Consumer Protection Act (TCPA) is a federal law that protects consumers from harassing telemarketing behaviors including robocalls, spam text messages, and junk faxes. If consumers do not give their explicit consent to receive these communications, businesses are not allowed to send them – even if a business relationship exists.
Goldschmidt claims that, although he gave his cellular number to Rack Room when signing up for their rewards program, he did not consent to receiving text message promotions from the company.
Rack Room has not admitted to violating the TCPA but reached a deal with Goldschmidt in August 2019. Under the Rack Room class action settlement, the company will pay nearly $26 million to resolve the claims.
Eligible Class Members may be able to recover $5 in cash from the settlement along with a $10 voucher that will be loaded onto their reward program account.
Amounts may be subject to change based on the number of claims filed and the net settlement fund after administration costs, court expenses, attorneys’ fees, and service awards are deducted.
In order to benefit from the settlement, Class Members need to file a valid Claim Form by Jan. 31, 2020. The deadline for exclusion and objection is Dec. 17, 2019. The final approval hearing for the settlement is scheduled for Jan. 16, 2020.
Consumers who enrolled in the Rack Room Rewards Program or Off Broadway Reward Program during a purchase who later received a text message from the program on or after April 2, 2014.
A $10 voucher for each claimant and $5 in cash.
Proof of Purchase
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
Goldschmidt v. Rack Room Shoes Inc., Case No. 1:18-cv-21220-KMW, in the U.S. District Court for the Southern District of Florida
Rack Room Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 43507
Providence, RI 02940-3507
Scott A. Edelsberg
EDELSBERG LAW PA
Manuel S. Hiraldo
Roberto L. Costales
William H. Beaumont
Mark F. Raymond
Erin K. Kolmansberger
Kimberly J. Freedman
NELSON MULLINS BROAD AND CASSELL
Fred M. Wood Jr.
Evan M. Sauda
William H. Latham
NELSON MULLINS RILEY & SCARBOROUGH LLP
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.
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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.