Settlement Provides Recipients of Text Messages in August or September of 2008 Advertising a "Back to School" Promotion for Lucky Brand Jeans Up to $100, announces Edelson McGuire

Dec 10, 2012, 10:00 ET from Edelson McGuire

SAN FRANCISCO, Dec. 10, 2012 /PRNewswire/ -- A recent class action settlement obtains relief for consumers who allege they received unsolicited text message advertisements.  The settlement results from a lawsuit claiming unsolicited text messages were sent in August and September of 2008 by advertisers

Kirshenbaum Bond Senecal & Partners LLC f/k/a Kirshenbaum Bond & Partners LLC d/b/a Lime Public Relations + Promotion, and Kirshenbaum Bond & Partners West LLC, Merkle Inc., and RGAR Holdings, LLC f/k/a Take 5 Solutions, LLC ("Take 5") promoting Lucky Brand Dungarees, Inc.'s clothing (collectively "Defendants").  Plaintiffs allege Defendants transmitted the text messages to the cellular telephones of consumers nationwide, without first obtaining the proper consents and that such conduct violates the federal Telephone Consumer Protection Act ("TCPA").  Each of the Defendants vigorously denies that they violated any laws and denies that all recipients did not provide consent.

On November 26, 2012, a Federal Court in San Francisco granted preliminary approval to the settlement, which establishes a $9.9 million cash settlement fund from which payments of up to $100 will be made to owners of cellular telephones who received the text message advertisements.  The settlement also requires certain defendants to implement business practices to ensure consents are obtained before sending any future text messages.  Class members will have the option of removing their cellular telephone numbers from any list or database in Take 5's possession so future messages are not sent.   

Edelson McGuire—a law firm that regularly handles consumer technology class actions—was appointed by the Court to serve as attorneys for the class.

Those who received the text message advertisements in August or September 2008 are encouraged to visit to learn more details about the settlement and how to submit a claim.

SOURCE Edelson McGuire