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This settlement is closed!
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UPDATE: The Abacus Data Systems Unwanted Text Class Action Settlement was granted final approval on January 12, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Those who received an unwanted text message from Abacus Data Systems may be able to claim as much as $600 from a class action settlement that ends allegations the company violated the Telephone Consumer Protection Act (TCPA).
Settlement Class Members include those who received a text message from marketing company Trumpia on behalf of Abacus on their cellphone or other device between Feb. 26, 2015, and Aug. 24, 2020.
Abacus Data Systems was hit with a class action lawsuit after it allegedly sent unwanted text messages advertising their software services, including Abacus Private Cloud, AbacusLaw, HotDocs, ResultsCRM and OfficeTools. The text messages were reportedly sent by an advertising agency called Trumpia on behalf of Abacus.
The plaintiff claims that he received spam text messages from Abacus on his personal cellphone. In addition to registering his number with the Do Not Call list, the plaintiff noted in the complaint that he had not run a business or any enterprise that would have required services from Abacus Data Systems in about 20 years.
According to the complaint, the company sent text messages to consumers supposedly notifying them that their version of a certain Abacus software product, HotDocs, was out of date and asking them to set up an appointment to discuss an update.
The class action lawsuit alleged that “in order to update HotDocs, the consumers receiving the text messages must pay a monthly software service fee of $75, and the appointments they schedule with Abacus are nothing more than sales pitches for HotDocs and other Abacus products such as Abacus Private Cloud, Abacus’s CRM software, and OfficeTools.”
Additionally, the company reportedly shilled another product, Abacus Private Cloud, through these spam text messages.
The plaintiff said he and other consumers received these advertising text messages without providing permission to Abacus. In addition, the plaintiff claimed that his cellphone number was on the Do Not Call Registry.
Further, Abacus allegedly used an autodialer to call cellphone numbers at random.
All of these actions are violations of the Telephone Consumer Protection Act, according to the class action lawsuit.
The Telephone Consumer Protection Act was passed by Congress in 1991. In addition to requiring telemarketers to obtain permission prior to sending advertising text messages, it established the Do Not Call Registry that allows consumers to list phone numbers that telemarketers are required not to use for advertising calls.
In addition, the TCPA restricts the use of automatic dialing systems and prerecorded messages. The TCPA was also updated to include unwanted text message solicitations.
Violations of the TCPA can lead to steep fines of up to $1,500 for each unsolicited call or text.
Abacus denies any wrongdoing, but agreed to pay nearly $2 million to exit the class action lawsuit. Under the terms of the settlement agreement, those who received spam text from the company can claim a class action rebate estimated to be between $400 and $600.
In addition, Abacus has agreed to change its policies and procedures regarding text message advertising to ensure compliance with the TCPA.
“Class Counsel believes that the proposed Settlement confers substantial benefits upon the Settlement Class,” the settlement agreement states. “Based on their evaluation of all of these factors, Representative Plaintiff and Class Counsel have determined that the Settlement is in the best interests of Representative Plaintiff and the Settlement Class.”
Class Members must submit a claim form either online or by mail by Nov. 17, 2020, to take part in the settlement. Claim forms require either a Unique ID, available on the Notice, or the cellphone number at which the Class Member received the text message from Abacus.
The deadline for Class Members to object to or opt out of the Abacus Data Systems TCPA class action settlement is Nov. 17, 2020. The final hearing is scheduled for Dec. 17, 2020.
Who’s Eligible
Individuals who received a text message from marketing company Trumpia on behalf of Abacus on their cell phone or other devices where there is a charge for the receipt of text messages between Feb. 26, 2015, and Aug. 24, 2020.
Potential Award
Between $400 and $600.
Proof of Purchase
Unique ID numbers or the cellphone number that received the unwanted text.
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
11/17/2020
Case Name
Izor v. Abacus Data Systems Inc., Case No. 4:19-cv-01057-HSG, in the U.S. District Court for the Northern District of California
Final Hearing
12/17/2020
Settlement Website
Claims Administrator
Abacus Data Systems Settlement Administrator
c/o Epiq
P.O. Box 3519
Portland, OR 97208-3519
info@ADSTCPAsettlement.com
1-855-917-3577
Class Counsel
Avi R. Kaufman
Rachel E. Kaufman
KAUFMAN PA
Defense Counsel
MINTZ LEVIN COHN FERRIS GLOVSKY & POPEO PC
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
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Current Status
The Court held a Final Approval Hearing on December 17, 2020. Payments to eligible Settlement Class Members were mailed on March 22, 2021.
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