Simms TCPA Settlement
- Claim filing is available online or through the mail
- A variety of important dates apply to the settlement
- Claims Administrator can be contacted for assistance
Let’s face it, seeing a marketing text message flash across the cell phone screen doesn’t exactly qualify as the highlight of the day for most individuals. In fact, consumers have found these to be so annoying that laws have been created to help protect from them. A recent example of alleged violations of such laws can be found in the class action lawsuit called Simms v. ExactTarget, LLC. The suit was filed over allegations that the Defendant violated the Telephone Consumer Protection Act by sending out marketing text messages without the consent of those they were being sent to (either the consumers never asked to receive the texts or they continued to be sent after asking for them to be discontinued). It is important to make clear that the Defendant does dispute the claims made by the Plaintiff class. However, due to the risky and costly nature of taking the case all the way to trial, both parties have agreed to come to terms that includes a Settlement Fund of $6,250,000. Those who believe they are entitled to a chunk of this rather juicy Settlement Fund can begin by going to the Simms TCPA Settlement page to file a claim.
Right on…..what else do I need to know about the settlement?
- The texts must have been received between July 23rd, 2009 and September 30th, 2013
- The settlement will be split up on a pro-rata basis with a maximum of $1,500 per claim
- June 12th, 2018 is the deadline by which all claims forms must be filed (plenty of time!)
- The deadline by which exclusion requests and objections must be filed is June 5th, 2018
- Class Members who do no take any action at all will get nothing (it never pays to be idle)
Claim forms sent by mail and requests for exclusion must be post-marked by the previously mentioned filing deadlines and sent directly to the Claims Administrator. The Claims Administrator can also be contacted by those with questions about the settlement. Those who would rather bypass making a phone call can try looking for answers under the Frequently Asked Questions section of the Simms TCPA Settlement page. The hearing to decide on whether or not to approve the settlement is set to be held on July 20th, 2018 at 1:30 PM in Indianapolis, IN.
Claims Administrator Contact Information
- PO Box 11730, Philadelphia, PA 19101-1730