On October 2, 2018, Magistrate Judge Pryor issued a Report and Recommendation that the Motions for Final Approval and for Attorneys’ Fees, Costs, and Incentive Award be granted.
On October 19, 2018, Judge William T. Lawrence adopted the Magistrate's Report and Recommendation and issued a Final Judgment Order approving the Settlement.
A Settlement has been reached in a class action lawsuit that seeks to hold ExactTarget, LLC (hereinafter “Defendant”) liable under the Telephone Consumer Protection Act for allegedly unauthorized text messages sent by or on behalf of Simply Fashion to consumers’ cellular telephones via an ExactTarget text messaging platform.
The Settlement includes all persons in the United States who received a text message via an ExactTarget texting platform from or on behalf of Simply Fashion from July 23, 2009, through September 30, 2013.
Defendant has agreed to pay $6,250,000 (the “Settlement Fund”) to settle the lawsuit. After deducting costs of notice and claims administration, attorneys’ fees and litigation costs, and an incentive payment to the Class Representative, the remaining amount will be divided on a pro rata basis (equally) among everyone who files a valid claim, up to a limit of $1,500 per person.
Your legal rights are affected regardless of whether you act or don’t act. Read this website carefully.
This is the only way to receive a cash payment from the Settlement Fund.
Exclude Yourself from the Settlement
This is the only option that allows you to be part of any other lawsuit against the Defendant, ExactTarget, for the legal claims made in this lawsuit and released by the Settlement Agreement.
Object to the Settlement
Write to the Court with reasons why you do not like the Settlement.
Participate in the Hearing
Ask the Court for permission for you or your attorney to appear and be heard at the final fairness hearing.
If you do nothing, you will not receive a cash payment from the Settlement Fund and you will give up your rights to be part of any other lawsuit against the Defendant for the legal claims made in this lawsuit and released by the Settlement Agreement
These rights and options—and the deadlines to exercise them—are explainedin the Notice. For complete details, view the Settlement Agreement or call 1-844-245-3777.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be distributed if the Court approves the Settlement and after any appeals are resolved.
This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Click here to safely and securely submit a Claim Form.
Deadline to Exclude Yourself from the Settlement
Tuesday, June 5, 2018You must mail your opt-out request so that it is postmarked no later than Tuesday, June 5, 2018.
Deadline to Object to the Settlement
Tuesday, June 5, 2018You must mail your written objection so that it is postmarked no later than Tuesday, June 5, 2018.
Deadline to Submit a Claim Form
Tuesday, June 12, 2018You must submit your Claim Form on-line no later than Tuesday, June 12, 2018, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, June 12, 2018.
Friday, July 20, 2018The Fairness Hearing is currently scheduled for 1:30 p.m. on Friday, July 20, 2018. Please check this website for updates as the hearing date is subject to change.