San Jose, CA (Profitable.com) With more than 250 million Android…
Los Angeles, CA (Profitable.com) A notification program is underway, as ordered by the United States District Court for the Central District of California (the “Court”), to alert certain people who were sent a text message promoting footwear and apparel company Steve Madden’s products or events about a proposed class action settlement that may affect their rights.
This lawsuit claims that Steve Madden, Ltd. (the “Defendant”) caused unsolicited text messages to be sent to consumers advertising Steve Madden’s fashion products and promotional events. These text messages were sent to consumers from abbreviated phone numbers (called “short codes”) 91919 and 623336. The lawsuit claims that Defendant violated the Telephone Consumer Protection Act because consumers did not consent to receive these text message advertisements. The Defendant denies it violated any law. The Court has not determined who is right and the parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.
The Settlement Class includes all persons nationwide who from July 2010, until September 25, 2012 were sent any Text Message(s) promoting Steve Madden products and events from short codes 91919 or 623336.
The Defendant has established a Settlement Fund of $10 million. If the Court approves the Settlement, members of the Settlement Class may be entitled to receive up to $150 each. The exact amount of any payment cannot be calculated at this time and will depend on the total number of valid claims that are filed. Settlement Class Members may submit claims online at www.maddentextsettlement.net or by completing and mailing a claim form.
Notices will be mailed and emailed to potential Class Members and are scheduled to appear online via banner advertisements and in the magazines Cosmopolitan and People leading up to a hearing on February 25, 2013, when the Court will consider whether to grant final approval to the settlement.
The Court has appointed Jay Edelson, Myles McGuire, Ryan D. Andrews, and Ari J. Scharg of Edelson McGuire, LLC and Suzanne Havens Beckman and Azita Moradmand of Parisi & Havens LLP as Proposed Class Counsel to represent the Settlement Class.
Those affected by this settlement can submit a claim for benefits or they can ask to be excluded from, or object to, the settlement and its terms. The deadline for exclusions and objections is January 8, 2013. The claim deadline is April 11, 2013.
A toll-free number, 1-888-643-2166, has been established in the case known as Ellison v. Steven Madden, Ltd., No. 11-cv-05935, along with the website, www.MaddenTextSettlement.net, where the notice, claim form, settlement agreement and other documents may be obtained. Those affected may also write to Steve Madden Settlement Administrator, PO Box 4230, Portland, OR 97208-4230.