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This settlement is closed!
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The deadline for consumers to file a claim for vouchers in a Checkers text coupons settlement has been extended after the initial Class notice reached less than 1 percent of Class Members.
Anyone who was sent a Checkers or Rally’s promotional text message from or on behalf of the restaurants between Dec. 21, 2013, and March 8, 2019, may be eligible to file a claim.
Under the terms of the Checkers settlement agreement, each Class Member would receive two vouchers worth $5 each to be used at Checkers or Rally’s restaurants.
There are nearly 900 Checkers and Rally’s restaurants in the U.S., according to the fast-food chain’s website.
The Checkers settlement was preliminarily approved in January 2020, but U.S. Magistrate Judge Sunil R. Harjani found that notice provided to the Class was deficient due to lack of response and postponed final approval.
In a Nov. 3, 2020, order, the judge stated at the time the Court approved the proposed notice plan, it “believed it was adequate to provide notice to [C]lass [M]embers associated with the 1,890,005 unique cellular telephone numbers on the Class List. But only 7,017 valid claims were submitted despite 1,890,005 text messages during the class period.”
The settlement administrator obtained 75 percent of the email addresses found to be associated with Class Members’ phone numbers. Notice delivery via email resulted in a 91.43 percent delivery rate; 26,594 notices were sent through the mail as a result of emails being undeliverable.
In light of the number of Class Members who did not receive the first notice, the judge presiding over the case refused final approval and ordered a supplemental text message notice about the proposed Checkers settlement to be sent to all Class Members who did not submit a valid claim form, court records show.
The defendants argued the text message notice had the potential to result in additional company liability under TCPA, but the Court determined the supplemental text was appropriate, as people check their text messages more often than their email.
“The Text Message Notice, as directed in this Order, in conjunction with the Notice previously approved and provided to 75% of the Settlement Class … constitutes the best notice practicable under the unique circumstances of this case …,” the order states.
The plaintiff in the current Checkers class action lawsuit alleged the defendants violated the Telephone Consumer Protection Act (TCPA) by sending text messages via an auto-dialing system without getting prior written consent.
She claims she texted a keyword to the defendants in order to receive a Checkers coupon, but the response did not contain a coupon.
The defendants deny the accusations and any wrongdoing, but agreed to the settlement in order to avoid the costs and uncertainties associated with litigation. The final approval hearing, originally set for Nov. 10, 2020, has been rescheduled for April 14, 2021.
The deadline to file a claim in the Checkers settlement is March 15, 2021.
If you were a Class Member in 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, you are not eligible to take part in this Checkers settlement.
Who’s Eligible
Anyone who was sent a Checkers or Rally’s promotional text message from or on behalf of the restaurants between Dec. 21, 2013, and March 8, 2019, may be eligible to file a claim.
NOTE: If you were a Class Member in 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, you are not eligible to take part in this Checkers settlement.
Potential Award
Two $5 vouchers
- Valid at Checkers or Rally’s restaurants.
Proof of Purchase
No proof of purchase is necessary, but claimants must submit the cellular phone number(s) they used between Dec. 21, 2013, and March 8, 2019.
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
03/15/2021
Case Name
Madeleine Yates vs. Checkers Drive-In Restaurants Inc., et al., Case No. 17-cv-09219 in the U.S. District Court for the Northern District of Illinois
Final Hearing
04/15/2021
Settlement Website
Claims Administrator
Burger TCPA Settlement
c/o JND Legal Administration
P.O. Box 91219
Seattle, WA 98111
1-844-908-0531
Class Counsel
BEAUMONT COSTALES LLC
Defense Counsel
HUNTON ANDREWS KURTH LLP
HAWKINS PARNELL & YOUNG LLP
HARRIS, WILTSHIRE & GRANNIS LLP
JACKSON LEWIS PC
HORWOOD MARCUS & BERK CHARTERED
Read About More Class Action Lawsuits & Class Action Settlements:
3 thoughts onCheckers Class Action Settlement Over Text Coupons Gets Deadline Extension
add me in
Add me please
$5 voucher is some BS. They already closed any location close by. wtf and i supposed to do with a voucher