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Steve Madden Pays $10 Million For Unsolicited Text Messages

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

A recent settlement is reaching its conclusion in a California Class Action Lawsuit, against Steve Madden for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The TCPA limits the use of automatic dialing systems, prerecorded voice messages, and unsolicited text messages. The lawsuit was instigated around unsolicited text messages the company sent to consumers. Sent from abbreviated phone numbers (called “short codes”) 91919 and 623336, these text messages advertised Steve Madden’s fashion products and promotional events. Anyone who received one unsolicited from July 2010 through September 25, 2012 can be part of the Settlement Class.The lawsuit claims that the footwear and apparel company Steve Madden, Ltd., violated the TCPA, as the recipients of the text message advertisements did not agree to receive them. Steve Madden denies breaking the law; the United States District Court for the Central District of California has not determined who is right or wrong in this case, but both parties have agreed to settle the suit to prevent further litigation expenses. The Settlement Fund is set at $10 million dollars, and, if the Court accepts this proposal, any and everyone in the Settlement Class will be entitled to $150 apiece.Currently, a court ordered notification program is underway, to communicate with people who received the unwanted text messages about the proposed settlement and their rights. Class Members will receive notices in the mail and via e-mail; notification is also planned to appear online in banner advertisements in both Cosmopolitan and People magazines. A hearing is scheduled from February 25, 2013; at this time the Court will make a ruling on final approval of the settlement. The exact amount of individual payment can’t be determined as yet; it hinges on the total number of valid claims filed.So, what should you do when you get an unsolicited text message? Contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of unwanted robocalls and unsolicited text messages in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text messages. Not only will we stop the calls and texts, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text. Contact us today for a free consultation.

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