No Claim ID Required for the Nasty Gal Class Action Settlement

Exciting news! Class Members in the Nasty Gal promo text settlement can now file a claim for cash without needing a Claim ID.

This change means even Class Members who did not receive a notice by mail can file a claim.

The Class in the Nasty Gal promo text settlement includes consumers who received a NastyGal.com text message between July 1, 2015 and June 7, 2020.

Consumers who meet those criteria are eligible to claim $35 in cash or a $45 voucher.

The voucher will be redeemable for Nasty Gal clothing and other items on the company’s website. 

Claimants who choose the cash option will be sent their payments at the address provided on their claim form within 60 days of the Effective Date. Those choosing the voucher option will receive their voucher during that same time window at the email address they provide. 

Class Members can submit their claims online, with or without a Claim ID and PIN. Alternatively, claim forms can be printed and mailed.

The deadline for submitting a claim form is Sept. 18, 2020.

A final hearing on the Nasty Gal promo text settlement is set for Sept. 3, 2020.

The deadline for objecting or opting out has passed.

Class Members who did not opt out of this settlement are not able to sue or be part of any other lawsuit against Nasty Gal, including any existing litigation or other proceeding, regarding the topics at issue in this case.

Lead plaintiffs Amanda Defranks and Katherine Fowler filed the class action lawsuit claiming Nasty Gal, an online retailer that sells clothes, accessories and other merchandise, sent them unsolicited advertising via text message, in violation of the Telephone Consumer Protection Act (TCPA).

The plaintiffs claimed to have received at least two such Nasty Gal promo text messages, adding that the messages were obviously generated by an automatic dialing system.

The text messages encouraged the recipient to purchase Nasty Gal clothing as well as other goods, property and services, according to the Nasty Gal class action lawsuit.

Fowler had argued the Nasty Gal promo texts caused her actual harm because of the time she said she wasted checking her text messages. She estimated she wasted about 10 seconds per text sent by Nasty Gal, each time stopping what she was doing to retrieve her phone and review the message.

“The cumulative effect of unsolicited text messages like Defendant’s poses a real risk of ultimately rendering the phone unusable for text messaging purposes as a result of the phone’s memory being taken up,” the class action lawsuit stated.

Besides being an invasion of privacy, the text messages were allegedly sent to consumers whose numbers had been listed on the Do Not Call registry.

Defranks and Fowler had sought $5 million in damages through their class action lawsuit.

In addition to the cash or voucher for Class Members, Nasty Gal agreed to pay Defranks and Fowler each up to $950,000 in legal fees and $5,000.

Nasty Gal has denied all allegations of wrongdoing and liability that could have been asserted during litigation, according to the settlement website.

The settlement resolves the lawsuit, but no decision of fault has been made by the Court. 

By agreeing to a settlement in the Nasty Gal promo text class action lawsuit, the parties were able to avoid costs and uncertainty related to a trial.

The TCPA, enacted in 1991, is intended to put a stop to the telemarketing activity that interrupts American consumers’ daily lives.

Under the law, advertisers are required to obtain written consent from consumers before contacting them using automated dialing technology.

Defranks and Fowler said they could tell automated dialing had been used because Nasty Gal used a “short code” to send the texts.

Violations of the TCPA can be costly for companies, with penalties reaching up to $1,500 per violation. This means a company could have to pay a $1,500 fine for each message sent.

Nasty Gal has faced legal trouble in the past.

The company has had lawsuits filed against it that claimed the company illegally copied jewelry designs and laid off pregnant employees who were about to take federally protected parental leave.

Nasty Gal reportedly filed for Chapter 11 bankruptcy in 2016.

Did you receive a text promoting Nasty Gal clothing or other items? Have you submitted a claim in the Nasty Gal promo text settlement? Let us know in the comments.

The Nasty Gal Promo Text Class Action Lawsuit was Defranks, et al. v. Nastygal.com USA Inc., Case No. 1:19-cv-23028-DPG, in the U.S. District Court for the Southern District of Florida.

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