Western Dental and RevSpring agreed to pay a settlement of $9,700,000 to end claims that the company violated the Telephone Consumer Protection Act.
Consumers had claimed that the business sent telemarketing text messages to recipients even after they had withdrawn their consent to receive the messages by texting “stop” in response.
The settlement provides benefits to those who received a text message to their phone from RevSpring’s TalkSoft platform regarding Western Dental, even after the customer sent RevSpring a text message containing the word “stop” in response the message. The message must have been sent within four years of Feb. 4, 2019 and March 13, 2020.
A class action lawsuit claimed that Western Dental and RevSpring violated the Telephone Consumer Protection Act by sending telemarketing text messages to consumers even after they actively opted out.
According to the plaintiffs, when they opted out, they effectively withdrew their consent to receive the messages. Because the TCPA requires that businesses obtain express written consent to send messages, the plaintiffs say Western Dental and RevSpring violated the law.
Western Dental and RevSpring have not admitted any liability in the TCPA class action lawsuit, but agreed to end the claims in a settlement to avoid the costs and risks of continuing to litigate the issue.
Class Members are eligible for payments between $50 and $150, approximately. The payments will be distributed on a pro rata basis. Attorney fees and costs, Class Representative awards and other expenses will be covered by the settlement amount, and the remainder will be divided between Class Members.
To receive a payment from the settlement, Class Members must file a valid claim before June 12, 2020. Claim forms can be submitted via the website or by mail to the claims administrator.
Only one claim per telephone number can be validated and approved. A valid ID or the phone number to which the spam text was allegedly sent is required to file a claim.
Class Members who choose to remain in the settlement Class, whether or not they choose to submit a claim for benefits, will give up their rights to pursue independent litigation against Western Dental and RevSpring.
Consumers who wish to keep their rights to sue, and who wish to not benefit from the settlement can opt out from the settlement. The deadline to opt out is June 12, 2020, and must be done by mail.
Those who wish to remain in the settlement but who do not like the settlement’s terms can choose to object to the settlement. This can be done through the court’s filing system, by mail or in person. Objections must be filed or postmarked by June 12, 2020.
Class Members are also invited to attend a final hearing on July 17, 2020. If the settlement receives final approval, those Class Members who remained in the settlement and submitted valid claims for benefits will receive a settlement check by mail. Claimants are advised that it may take some time for them to receive their benefits, as the settlement may go through revisions and appeals, which can take time.
Consumers who received a text message to their phone from RevSpring’s TalkSoft platform regarding Western Dental, even after the customer sent RevSpring a text message containing the word “stop” in response the message. The message must have been sent within four years of February 4, 2019 and March 13, 2020.
Between $50 and $150.
The payments will be distributed on a pro rata basis. Attorney fees and costs, Class Representative awards, and other expenses will be covered by the settlement amount, and the remainder will be divided between Class Members — the exact amount of the payments has not yet been determined, but is anticipated to be between $50 and $150.
Proof of Purchase
A valid claim ID or the phone number to which the spam text was allegedly sent is required 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
Rachel Bulette v. Western Dental TCPA, Case No. 3:19-cc-00612-MMC, in the U.S. District Court for the Northern District of California
Western Dental Settlement Administrator
P.O. Box 4418
Portland, OR 97208-4418
Avi R. Kaufman
Rachel E. Kaufman
LAW OFFICES OF STEFAN COLEMAN
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.