The Telephone Consumer Protection Act (TCPA) prohibits callers from “using an automatic telephone dialing system or an artificial or prerecorded voice to contact persons, unless those persons have given their prior express consent to being contacted in that manner.” Originally created to stop telemarketers from making phone calls at inopportune times, the TCPA now covers a wide variety of individuals and businesses that pester consumers with annoying phone calls. Violators of the TCPA can receive fines between $500 and $1,500 for each violation of the federal law.
A group of class action lawsuit plaintiffs recently reached a settlement with American Eagle Outfitters over allegations the company violated several TCPA provisions. Consolidated into one class action lawsuit in March of 2015, the American Eagle Outfitters class action lawsuit asserts the company sent unsolicited text messages that advertised American Eagle Outfitters products. The plaintiffs insist they never gave the company permission to send the text messages. Consumers that received text messages from American Eagle Outfitters might be eligible for compensation under the class action settlement.
What You Need to Know
Both parties agreed to the American Eagle Outfitters class action settlement in December of 2016. Under terms clearly presented in the settlement, American Eagle Outfitters must create a settlement fund of $14.5 million to cover payments to eligible class members, as well as court costs and attorney fees. The class action settlement does not require American Eagle Outfitters to admit the company violated any of the provisions mentioned in the TCPA.
Eligible class members have until May 24, 2017 to opt out of the settlement or object to any of the provisions written into the agreement. According to the class action settlement website www.AEOTCPASettlement.com, “The settlement Class covers all persons who, between April 8, 2010 and Jan. 24, 2017 inclusive, received a text message on their cell phone number that was sent from or on behalf of American Eagle Outfitters, without having consented to receiving that contact as required by the TCPA.
As of May 8, 2017, the settlement class includes more than 600,000 members. Class counsel estimates the potential award for each class member will fall between $142 and $285. The amount of each class member payment depends on the number of valid and timely claim form submissions made by class members. Class members must file a claim form by May 24, 2017. The judge in the Melito, et al. v. American Eagle Outfitters Inc., et al., Case No. 1:14-cv-02440, in the U.S. District Court for the Southern District of New York case has scheduled the final hearing on August 22, 2017. Attorneys from Keogh Law LTD, Terrell Marshall Law Group PLLC, Scott D Owens PA, and Fitapelli & Schaffer LLP represent class members.
