KamberEdelson, LLC and The Jacobs Law Firm, Chtd. Announce Text Spam Settlement
CHICAGO, Sept. 15, 2008 (BUSINESS WIRE) – A settlement has been reached with GSI Commerce, Inc. and The Timberland Company in a class action lawsuit relating to the alleged transmission of unsolicited text message advertisements to the cell phones of consumers nationwide.
The settlement, which was preliminarily approved September 11, 2008 by a federal court in Chicago, establishes a $7 million cash settlement fund out of which payments in the amount of $150 will be made to each person who received such a text message. Both Timberland and GSI have denied any wrongful conduct and state that a completely separate and independent company was responsible for securing the consents of the class members to receive the text messages.
It is the first major nationwide settlement of its kind involving claims brought under the Telephone Consumer Protection Act for the receipt of unauthorized text messages. Attorneys Jay Edelson and Myles McGuire of KamberEdelson, LLC and John G. Jacobs and Bryan G. Kolton of The Jacobs Law Firm, Chtd. were appointed by the Court to serve as attorneys for the class.
“The $150 cash payment made available to each class member represents an exceptional result for consumers,” explained McGuire.
“We expect that this settlement will curb the instances of unsolicited text message advertising by others in the industry as well,” commented Kolton. As part of the settlement, GSI agreed to certain guidelines with respect to any future mass mobile marketing campaigns. Timberland was not involved in the selection of the company that the defendants stated was responsible for securing consent from class members to receive text messages.
The settlement further provides a donation in the amount of $200,000 to a local charity. The $7 million dollar fund will provide a $150 cash payment to each class member who files a valid and timely claim, unless the number of approved claims exceeds the fund.
Class members are encouraged to visit www.TimberlandTextSettlement.com to learn more details about the settlement and how to apply for a settlement payment. Class members may also call the claims administrator at 1-800-207-0343 or class counsel at 1-866-541-0323.
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