Nasty Gal Text Message Class Action Settlement

UPDATE: The Nasty Gal Text Message Class Action Settlement was granted final approval by the court on September 4, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Consumers can claim $35 cash or a $45 voucher as a part of a settlement agreement resolving claims that Nasty Gal sent unwanted text messages.

Those who can benefit from the Nasty Gal class action settlement include consumers who received a text message from NastyGal.com on their cell phone between July 1, 2015 and June 7, 2020.

Nasty Gal is an online retailer of clothing, accessories, makeup and other items. According to lead plaintiffs, Amanda Defranks and Katherine Fowler, Florida residents, they and other consumers received advertising text messages without providing consent.

The TCPA was enacted in 1991 to shield American consumers from an onslaught of telemarketing activity interrupting their daily lives. The law requires advertisers to obtain express, written consent prior to contacting consumers using automated dialing technology by phone or text messages.

Penalties under the TCPA can be steep, up to $1,500 per violation, meaning that a company who contacts thousands of consumers in violation of the law can be on the hook for $1,500 in fines for each telemarketing message they sent.

The Nasty Gal TCPA class action lawsuit accused the company of sending advertising text messages to consumers without consent in violation of the TCPA between July 2015 and June 2020.

Defranks and Fowler claimed that they received at least two of these messages. The plaintiffs say the messages were clearly generic and generated by an automatic dialing system because the company used a “short code” to send the messages.

Further, in addition to the texts being an aggravating invasion of privacy, the company reportedly sent messages to the cell phones of consumers who had listed the numbers on the Do Not Call registry.

The class action lawsuit sought $5 million in damages on behalf of a Class of consumers who received unwanted text messages from Nasty Gal. The consolidated complaint was filed in Florida.

Reportedly, this was not the first legal action to be filed against the online clothing and jewelry retailer. Nasty Gal has faced lawsuits claiming that the company illegally copied jewelry designs and laid off pregnant employees about to go on federally protected parental leave. The company reportedly filed for Chapter 11 bankruptcy in November 2016.

The plaintiff’s motion for preliminary approval of the Nasty Gal class action settlement notes that, although they expected they would win at trial, the expense and complexity of continued litigation is not pragmatic. Additionally, they note that damages awarded at trial could face years of delay due to post-trial appeals.

Nasty Gal has agreed to pay Class Members who received the unwanted text messages up to $35 in cash or a $45 voucher redeemable at the company’s website in order to exit the class action lawsuit. In addition, the company has agreed to pay up to $950,000 in legal fees and $5,000 to each of the two lead plaintiffs.

Claim forms can be submitted online, with or without a Claim ID and PIN. Claim forms can also be printed and mailed for Class Members who do not receive a notice in the settlement. Claim forms must be submitted by Sept. 18, 2020.

The final hearing in the Nasty Gal class action settlement is scheduled for Sept. 3, 2020. The deadline for Class Members to object to or opt out of the class action settlement is Aug. 3, 2020.

Who’s Eligible

Class Members include consumers who received a text message from NastyGal.com on their cell phone between July 1, 2015 and June 7, 2020 without providing prior, express, written consent to receiving those messages.

Potential Award

$45 voucher or $35 check. 

Proof of Purchase

Claim forms can be submitted online or printed and mailed. Claim forms do not require a Claim ID and PIN number.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

9/18/2020

Case Name

Defranks v. Nastygal.com USA Inc., Case No. 1:19-cv-23028-DPG, in the U.S. District Court for the Southern District of Florida

Final Hearing

9/3/2020

Settlement Website

NastyGalTCPASettlement.com

Claims Administrator

Nasty Gal Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 43523
Providence, RI 02940-3523
1-866-726-4019

Class Counsel

Scott Edelsberg
EDELSBERG LAW PA

Defense Counsel

Chad R. Fuller
TROUTMAN SANDERS LLP

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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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